Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: My sister was indicted and her paperwork read that she sold 167 ozs of meth to a man she has never met! Her charge is

1 Answer | Asked in Federal Crimes for Nebraska on
Answered on Oct 18, 2018
Gary Kollin's answer
Seriously, how can any internet attorney opine with those flimsy facts?

She has an attorney. She should listen to her attorney's advice.

Q: Should I pay the closing costs for my ex husband to refinance the home in his name?

2 Answers | Asked in Divorce for Nebraska on
Answered on Oct 10, 2018
Vanessa Jean Gorden's answer
The answer lies in your Divorce Decree. If it says you are responsible to help pay those costs, you are. If it does not say that, don't do it. It's really that simple. If the Decree makes him responsible to refinance, he has an obligation to do it if it's at reasonable cost and he could be subject to contempt if he does not do so. If you have questions about how to interpret your Decree or whether you may have a contempt action if he fails to refinance, you should either contact the lawyer who...

Q: Got pulled over, I think an illegal search was conducted.. Please help and answer my question.. From Plattsmouth, Ne

2 Answers | Asked in Criminal Law for Nebraska on
Answered on Oct 9, 2018
Gary Kollin's answer
There are issues which need to be litigated. You need to hire an attorney YESTERDAY.

You need to start working in this now

Q: How do judges handle chronic custodial interference?

1 Answer | Asked in Family Law for Nebraska on
Answered on Oct 5, 2018
Julie Fowler's answer
The general process to enforce court-ordered parenting time that the other parent is denying is to file a contempt action. The other parent can be ordered up to 6 months jail time for failing to following the court's order. Whether the court will order such or instead something like make up parenting time or an order to reimburse costs for travel expenses when didn't get to see the children after traveling for a visit, depends on the facts and the judge assigned to the case.

Q: Solid financial information for sponsoring a fiance?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The $16,400 figure is for active military service members who are sponsoring a spouse or minor child. It is 100% of federal poverty for a household of 2. 125% of federal poverty for a household of two is $20,575. For a household of four it is $31,375. It doesn’t matter how many jobs you have, so long as you meet the obligation. You can also include assets or get a joint sponsor.

Q: Hi I’m wondering how go by bringing my husband back on a visa he was charge with conspiracy did time then deported

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Sep 17, 2018
Kevin L Dixler's answer
Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS that a situation exists. This requires relevant documentation. This also takes more time than clients expect.

This seems like a job for an immigration attorney. As a result, I strongly...

Q: Do I need a lawyer?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Nebraska on
Answered on Sep 12, 2018
Julie Fowler's answer
This is something that a criminal defense attorney or public defender normally handles. The more proof you have to show that you believed he was being discharged from school, the easier it will be to defend this case. For example, did he send you a text saying is being sent home from school? Does he have a history of skipping school that you weren't aware of, etc?

Q: Can criminal charges be put on some one committing adultery?

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Aug 30, 2018
Brendan Michael Kelly's answer
You would have to make a report it to law enforcement.

Q: Can tempary Insanity be used as a defense of domestic violence adultery was involved?

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 30, 2018
Brendan Michael Kelly's answer
Not likely, my suggest would be to file and seek custody. If you already have a DV case filed against you, you will want to defend that first.

Q: what if a cop "coincidentally" knows a witness on their criminal case?

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on
Answered on Aug 24, 2018
Gary Kollin's answer
Serendipity and nothing more

Q: My mom cut me out and I was wondering if I was able to get visitation with my siblings? Im 15

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 21, 2018
Vanessa Jean Gorden's answer
Technically, there is no legal right to sibling visitation unless there is a juvenile case opened where all of the children are involved. That said, a number of concerns come to mind. At 15, even if you have a job and an appropriate place to stay, being "cut out" by a parent prevents you from doing all sorts of things, including registering for school, seeking medical care, etc. Unless you are residing with another parent or a person who has been given a delegation of parental powers by one of...

Q: Is registering in a Sliding Fee Discount Program in a health centre considered to be a 'Public Charge' for J1-visa?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Aug 20, 2018
Hector E. Quiroga's answer
Not necessarily; however, if the government implements the new public charge regulations, it could be one factor that is weight negatively against anyone who has applied for and received it.

Q: I need help getting emancipated I’m 16 years old with a good paying job

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 8, 2018
Vanessa Jean Gorden's answer
Hello. If you do not have a stable home and your parents are taking advantage of money you are earning, you are unlikely to be emancipated. Emancipation is very rare and typically only available to those who are already living independently despite their minority. However, you may qualify for assistance from the Department of Health and Human Services. If a juvenile case is opened, you could be placed in foster care, in a group home, or on an independent living plan, depending on your...

Q: Ex husband who currently has physical custody of our daughter is intentionally keeping my daughter from me. He manages

2 Answers | Asked in Child Custody for Nebraska on
Answered on Aug 7, 2018
Julie Fowler's answer
If the other parent is violating the court order, the most common remedy to enforce the court order is to file a contempt action to ask for the court's assistance in enforcing the parenting time granted in the court order.

Q: Hello, my husband and I filed a chapter 13 bankruptcy in April of 2016 with our family farm operation

1 Answer | Asked in Bankruptcy for Nebraska on
Answered on Jul 30, 2018
Timothy Denison's answer
Challenge those erroneous entries on your credit report and unless the creditor can prove the delinquency, it should come off your report. Then you should be able to obtain an operating loan with the permission of the bankruptcy court.

Q: A guy I know must serve a minimum sentence of 15 years, and yet he isn't eligible for parole for 35 years...

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 27, 2018
Timothy Sopinski's answer
Yes, based on the numbers you listed. A minimum sentence means that he must serve at least 15 years before release. Since he is not parole eligible for 35 years, he will have already served the minimum amount of 15 years. Think of it as "must serve at least 15 years. . ." Parole eligibility is usually one half of the bottom number on a prison sentence. So for example, if a person is sentenced to 10 to 20 years, he would be parole eligible in 5 years.

Q: I was given a citation for being in the presence of weed and para without it being mine. Plead not guilty?

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 27, 2018
Timothy Sopinski's answer
If you're not sure what to do, a not guilty plea is always your best choice at your first appearance. After your not guilty plea, the case would be set for a trial or further hearing depending on what county you are in. At that point you can either have a trial or try to negotiate a deal with the County Attorney. At trial, the State will have the burden of proving that you were in possession of the weed and the paraphernalia. Keep in mind that possession doesn't necessarily mean that it was on...

Q: How strongly will my wife's recent DUI play in a custody dispute?

2 Answers | Asked in Divorce and DUI / DWI for Nebraska on
Answered on Jul 23, 2018
Vanessa Jean Gorden's answer
It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under the influence, a case can be made for abuse/neglect. If it was a one-time lapse in judgment, however, it may not have much effect at all. Your best bet is to visit confidentially with your attorney...

Q: How do i file grievance on police officers? And doctors causing more pain and mental anguish& financial crisis.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Nebraska on
Answered on Jul 19, 2018
Peter Munsing's answer
Unlikely to succeed as there was an OD, mental anguish is not favored by the courts in any state and is viewed hypertechnically, and "financial crisis" generally means they rocked your house of cards, it fell, but courts say unless they caused an injury that of itself took you out the fact that you were, for example, too depressed by what happened to work so your house went into foreclosure is too far away from what they did, "too attenuated." But why not get a consult from an attorney in the...

Q: while I was in jail my 2 kids where placed with my mother by the state. my mother and I are not on good

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nebraska on
Answered on Jul 5, 2018
Julie Fowler's answer
If you know what county the action was in, you can likely found out the court case number and what the final order was.

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