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Nebraska Civil Rights Questions & Answers

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on

Q: I filed a 180 writ while in Missouri doc for Nebraska it took them 18 months to get me. Shouldn't they have dismissed it

I pled guilty prior to being incarserated in Missouri and I filed the writ hoping to get sentence they said the writ didn't apply to me because I already pled guilty is this right I don't understand I thought the writ was to help u resolve ur cases

Julie Fowler answered on Sep 15, 2019

Since it sounds like your case is pending in Missouri, you may want to post your question under Missouri to get an answer to your question.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on

Q: How can I get the property the police listed as in "safekeeping" while I am still going to court on the charges.

The warrant was for drugs. The place of the search was a house, all outbuildings at the address, and vehicles under the control of my co-defendant. My name was not listed on the warrant and I was staying in a camper behind the house. When the police came I exited the camper and said they could not... Read more »

Julie Fowler answered on Aug 21, 2019

Evidence can generally be kept by law enforcement until the time of sentencing even if the property belongs to other than the defendant.

If a motion to suppress has already been heard and denied, then a subsequent motion to suppress regarding the same issue/evidence is more often a motion...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on

Q: Eligible for reinstatement i was pulled for driving while revocated

An officeer told me i was to recieve a citation upon the conclusion of inventory search. I joined another officer uncuffed while search being conducted where supposedly something was found. Officer told me i was then under arrest for possible possession yet to be tested. Is that a lawful search to... Read more »

Julie Fowler answered on Jul 24, 2019

There isn't enough facts here to give you an answer. Did you consent to search? If so, then it is likely lawful.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on

Q: Should I request criminal prosecution be transferred to Federal from State District Court. A s1983 civil rights remedy?

I believe the Arrest was unlawful. I am 25% Eskimo. Not a NE citizenship. I was traveling to Indiana.

Gary Kollin answered on Jul 15, 2019

You need to retain an attorney before doing anything. A criminal defendant does not have the right to demand a change from state to federal court.

Civil suit under 1983 is a different legal action

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1 Answer | Asked in Civil Litigation and Civil Rights for Nebraska on

Q: Must I always be required by law to show plates on my car that has no commercial use?

I am going to school until March 2020. Then I will move back home in Arizona.

Julie Fowler answered on Jul 11, 2019

Nebraska law requires a person to register their vehicle, have plates on their vehicle, and pay certain taxes and fees. A party must also carry insurance on their vehicle. For a complete list of requirements, you can find the information on the Nebraska DMV's website. There is no grace period... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Nebraska on

Q: Is Wal-mart's "Policy" of demanding receipts before exiting(without suspension) a violation of the 4th amendment?

I believe a similar case went before the Nebraska supreme court and Wal-mart lost.

Gary Kollin answered on Feb 28, 2019

4 Fla. A & M U. L. Rev. 1 (2009)

Big-Box Bullies bust Benign Buyer Behavior: Wal-Mart, Get Your Hands Off My Receipt

This article should answer a lot of your questions although it is 10 years old.

you can find cases and articles at

scholar.google.com

I...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Nebraska on

Q: Can my fiance move out of her parents house at 17 and live with me if we move out of state?

Without parental consent?

Brendan Michael Kelly answered on Nov 5, 2018

No. She is considered a child until age 19 or her marriage.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Nebraska on

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

Drug induced psychosis diagnosis polysubstance overdose

Peter N. Munsing answered on Jul 19, 2018

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... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Nebraska on

Q: In the 12 steps of a dre cop ... the 12th step is done by dre? What if male dre has a female cop give ua to M/suspect?

Brendan Michael Kelly answered on Apr 17, 2017

There are many more steps to a DRE than 12. Not likely to be valid test for a female cop to perform a UA on a male.

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 i was... Read more »

Brendan Michael Kelly answered on Apr 17, 2017

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

1 Answer | Asked in Family Law, Immigration Law, Civil Rights and Social Security for Nebraska on

Q: I can't prove that I was born in the U.S... Help.

How can I prove my U.S citizenship when I have no birth certificate, SSN, school records, And even medical and dental records?

Because I am 17 years old. And I plan on going to job corps for awhile... I need a birth certificate and a SSN... (Kinda rushed on time... SOOO I kinda wrote this... Read more »

Shan Dimitris Potts answered on Jul 14, 2016

Hello,

This matter is better handled privately, there is a possibility for a FOIA in your situation. Consult with an immigration attorney in private to handle this problem. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best....
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