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Nebraska Legal Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Nebraska on
Q: In Nebraska, can a plea of no contest be withdrawn after being accepted?Defendant has a capias misrepresented by counsel

filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime."... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:

1. Plea withdrawal: A defendant may file a motion to withdraw their...
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1 Answer | Asked in Legal Malpractice for Nebraska on
Q: My house was searched as a random they said as a bond condition they could randomly search.Without warrent wasthis legal
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It is not uncommon for some bond terms to legally allow searches that would otherwise be unlawful. You would need to speak with your criminal defense attorney to determine if the search in your particular situation was lawful or not.

1 Answer | Asked in Legal Malpractice, Contracts and Estate Planning for Nebraska on
Q: Should the estate Atty (executor) provide a periodic accounting of legal costs to the beneficiaries? it’s been 9 months.

We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.

There should be an accounting of fees...
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1 Answer | Asked in Legal Malpractice for Nebraska on
Q: Is code 60-6,108 applicable when determining whether one was driving over legal limit on a private road?

I am wondering if this is applicable to the court case State v. Grutell (Stanton County) Nebraska. I am a student at Nebraska Wesleyan University curious about this case.

Julie Fowler
Julie Fowler
answered on Jan 30, 2020

If you are looking for case law regarding the interaction between Neb. Rev. Stat. 60-6,108 and DUI's in Nebraska, you may want to read State v. Pester, 294 Neb. 995 (2016).

1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Nebraska on
Q: State gets continuance for cop and I was denied for same hearing?

I had suppression hearing and state got continuance 4 days before hearing because one of the witness troopers had vacation? Then blizzard happened day of and before hearing roads were nearly impassable and my witnesses were not able to make hearing and wasn't allowed continuance for them and... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Apr 17, 2017

You should have had your attorney contact the court and it would have likely be continued.

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