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Nebraska Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Nebraska on
Q: Is it legal for a Lincoln city police officer to do a u turn and get behind your vehicle. Outside his jurisdiction

And city limits. In a totally different county and follow my vehicle 15 miles. Then sit in a parking lot across from the gas station you stopped at the get gas. With all there lights off ( which I have a picture of) and watch me pump gas

James L. Arrasmith
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answered on Jul 20, 2024

It's understandable to feel concerned in such a situation. Generally, police officers have jurisdiction within their own city or county, but there are circumstances where they might follow a vehicle outside their jurisdiction. This could be due to a mutual aid agreement or if they are in... View More

1 Answer | Asked in Juvenile Law, Civil Rights and Communications Law for Nebraska on
Q: If I had a case moved from adult court to juvenile court do I have any ability to have my name redacted from articles?

When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and... View More

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answered on Jun 29, 2024

This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:

1. Juvenile...
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1 Answer | Asked in Immigration Law and Traffic Tickets for Nebraska on
Q: Will my 1 violation with 3 offenses impact my citizenship test?

I am living at Omaha, NE. I'm a college student. In February 2024, the County department ticketed me for 21 mph over the speed limit, passing in a no passing zone and careless driving.

In my case, the county attorney dismissed the Speeding and the Careless Driving on the face of the... View More

James L. Arrasmith
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answered on Jun 19, 2024

When filling out the N-400 form, it's important to disclose all information about any citations or offenses, even if they were dismissed or reduced. For questions 15a and 15b, you should answer "yes" since you were cited and charged initially. You should then provide an explanation... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: I paid bail for an individual and their case is done now and they spent the refund money. Can I get that money back?
Julie Fowler
Julie Fowler
answered on Jun 12, 2024

If a friend borrowed money from you (to make bail or otherwise) and did not pay it back as promised, you can potentially bring an action against them to force them to follow the terms of your agreement.

If the dollar amount is lower, you can potentially bring the action in Small Claims...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Ex hasn't seen kids in 10 years and moves out of state can i change visitation. I have full physical and legal custody.

My ex has asked to give up rights and tells everyone that the kids are not his. They don't even know who he is. I am worried if he ever does come around that it will cause a lot of harm to the kids because he is basically a stranger. He currently has a protection order on him from his recent... View More

Julie Fowler
Julie Fowler
answered on Jun 12, 2024

If there has been a material change in circumstances, you can file a modification action to ask the Court to change the parenting time provisions. If the other parent has been an absent parent for many years, this could include requesting a change to require supervised parenting time or some type... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Nebraska on
Q: Can law enforcement legally confiscate my camera at a traffic stop?

I was cited for willful reckless driving for speeding on my motorcycle in Nebraska. I have a 360 camera attached to my bike to record rides. The deputy said he was officially confiscating my camera so I handed it over. Did he violate my rights?

James L. Arrasmith
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answered on Jun 10, 2024

Law enforcement officers can sometimes confiscate items if they believe the items are evidence of a crime. In your case, the deputy may have believed that the footage on your 360 camera could be used as evidence related to the reckless driving citation. However, this does not mean that your rights... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Nebraska on
Q: The cops believe I was involved in the burglaries my ex committed but I was never questioned and now I’m being targeted

Ex convicted of 64 felony burglaries in2014. I had no knowledge but have been told the cops know exactly who I am and know all about me. They want me to leave town again and I can’t afford to. Never questioned or informed of why they think I was involved and they won’t give me a reason. I’m... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about the difficulties you're facing. The first step you should take is to consult with a defense attorney who can help you understand your legal rights and protect you from further harassment. An attorney can communicate with the authorities on your behalf and seek... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: I finally filed for divorce from my husband who was very emotionally, verbal, and towards the last year of marriage.

I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More

Julie Fowler
Julie Fowler
answered on May 23, 2024

Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
Julie Fowler
Julie Fowler
answered on May 23, 2024

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
James L. Arrasmith
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answered on May 19, 2024

If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More

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2 Answers | Asked in Immigration Law for Nebraska on
Q: Visa application

I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?

Stephen Arnold Black
Stephen Arnold Black
answered on May 17, 2024

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US with permission. This is true even if they overstayed their visa. If the case is handled correctly, their cases won’t get rejected. Retain an immigration lawyer who will process the case so it goes smoothly... View More

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2 Answers | Asked in Immigration Law for Nebraska on
Q: Visa application

I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?

James L. Arrasmith
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answered on May 17, 2024

If your parents' visa application is rejected, it does not automatically lead to deportation. Deportation typically occurs when someone is already in a country without proper authorization or has violated the terms of their visa.

If your parents are currently outside the country for...
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1 Answer | Asked in Small Claims for Nebraska on
Q: I have loaned someone 900 dollars and told her she didn't need to pay it back 3 months later.

It came out of a joint account, my husband wants the money back, can he take her to small claims court if she doesn't pay it?

Julie Fowler
Julie Fowler
answered on May 9, 2024

Legally, a loan must be repaid. Legally, you can be required to pay back a gift. If there is a question as to what it was, a judge can decide whether it was a loan or a gift and whether it needs to be paid back or not.

1 Answer | Asked in Gov & Administrative Law for Nebraska on
Q: If I bought a filing cabinet at an estate,and found a bill of sale and title,is it legally mine?

It's to a tractor and the filing cabinet was sold to me (as is)

Julie Fowler
Julie Fowler
answered on May 9, 2024

Sometimes important documents get misplaced. Generally losing your title to a vehicle doesn't mean the person that finds the title now gets your vehicle. The person listed on the title of the vehicle is very likely still the legal title holder.

1 Answer | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: If you are divorced and court ordered to pay child support but the ex-spouse and child still live in home,do u hav 2 pay
Julie Fowler
Julie Fowler
answered on May 9, 2024

The other parent and child moving into the home is not an automatic ground to terminate the child support order. However, assuming this is a material change since the Decree was entered, you may have good grounds to ask the Court to terminate the child support due to the direct support being... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Not on the rent to own or lease to buy

Location: Omaha, NE, Douglas County

Background:

I have been renting a basement from my ex-girlfriend since Winter 2019, with consistent rent payments of $520/month.

Recently cleared back rent of approximately $2500 as of April 4, 2024.

A confrontation occurred when... View More

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answered on Apr 16, 2024

Based on the information provided, it seems that you are facing several tenancy-related issues with your landlord (ex-girlfriend). Here are a few steps you can consider:

1. Legal assistance: Seek advice from a tenant rights organization or a lawyer specializing in landlord-tenant law to...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Nebraska on
Q: If I have a food truck named turtle power pizza Can I have a mural of the ninja turtles on it?
James L. Arrasmith
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answered on Apr 15, 2024

It's great that you want to decorate your food truck with art that ties into the name! However, directly using characters like the Ninja Turtles could potentially infringe on copyrights and trademarks owned by Viacom, the company behind the Teenage Mutant Ninja Turtles franchise.... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Nebraska on
Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the... View More

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answered on Apr 10, 2024

The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Is it legal for my employer to activate artificial intelligence in the trucks I drive for them is it unconstitutional
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

There is no constitutional prohibition on activating artificial intelligence technology in trucks. Artificial intelligence is used by many trucking companies in logistics and route planning to optimize routes, considering factors like traffic patterns, weather conditions, and delivery schedules.... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am going to buy a house in Nebraska. Owner will carry me. Do I have ti pay interest if we agree to 0%

If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct

Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More

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