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Nebraska Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Nebraska on

Q: At Bond hearing for Paraphenalia i was granted OR but my release papers included Felony Possession, DUR, Paraphenalia.

Can charges within a few hrs just show up and wham I'm hit ?

Julie Fowler answered on Jun 10, 2019

It isn't clear from your question whether you have new charges or just a typo on your release papers. If you have new charges, the OR went automatically apply to the new charges if the judge only heard your earlier charges.

1 Answer | Asked in Criminal Law and Communications Law for Nebraska on

Q: When investigatory stop occurs thru pretext stop , do I only have to be informed of the pretext stop and not that invest

Do I not have to be informed that as need to exit my vehicle for inventory purposes although I was reinstate eligible that my vehicle was getting towed. I was not arrested and I was told I was getting citation after the inventory of my car. I left my work but evidently looked suspiciouse 7:00pm.... Read more »

Julie Fowler answered on Jun 10, 2019

Many times people consent to a search of their vehicle when requested by law enforcement. If a party consents to the search, it is difficult to be successful on an argument that law enforcement didn't have authority to search the vehicle when the party consented to the search. If you have been... Read more »

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

Q: I was arrested driving A uhaul the police would not release the property to my fiance claimed it was seized for 10 to 30

After investigation they won't release my property until all storage fees and impound fees are paid over $2000 Am I legally responsible for fees when they would not allow me to get it out of impound

Julie Fowler answered on Jun 10, 2019

The law generally allows for impound fees to be required to be paid before releasing seized property.

1 Answer | Asked in Criminal Law and Traffic Tickets for Nebraska on

Q: Can you ask for another officer to be on the scene if you do not trust the one who pulled you over?

My ex girlfriends dad is a cop and I recently called her out on social media for cheating on me while not meaning to intend harm on her. Her mom messaged me and said "you dont know who youre messing with" (by the way is that considered a threat by law and is there anything I can do about it?) So im... Read more »

Julie Fowler answered on Jun 10, 2019

A person doesn't get to choose the law enforcement officer to interact with. That being said, if a law enforcement officer has a family member that is making threats, it may be time to seek a protection order or to report the incident to the law enforcement's internal affairs division.

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on

Q: Can a minor date an adult without any sexual relationship and still be legal?

My 16 year old daughter is talking to a 25 year old they are very close and he is a respectful man. They have never done anything sexual before they haven’t even went out on a date, they just FaceTime. Is this illegal?

Brendan Michael Kelly answered on May 30, 2019

It is not illegal for a minor to communicate with an adult. Yet, it is never an idea you want to allow! Only face time? How do you know? The adult is much too old and any thing other than normal conversation is likely to get him in grave trouble. Don't allow this type of communication Ever.

1 Answer | Asked in Criminal Law for Nebraska on

Q: what is the minimum sentencing for 2nd degree theft / receiving stolen property $5000 or more in Nebraska

Brendan Michael Kelly answered on Mar 20, 2019

As a class III felony your looking at 0-4 years imprisonment and up to a $25,000 fine or both. There is also a period of post-supervision.

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

Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on

Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

Child's father lives in a different state and has no part in said child's life. The only thing that connects the two is he signed the birth certificate.

Vanessa Jean Gorden answered on Jan 19, 2019

The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the... Read more »

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2 Answers | Asked in Criminal Law and Juvenile Law for Nebraska on

Q: Is it illegal for a 17 year old to hit someone younger than them in self defense?

Julie Fowler answered on Nov 5, 2018

Striking a child can be assault and/or child abuse. One affirmative defense to such charge can be self-defense, no matter the striker's age. The Court could take into consideration the actor and victim's age when deciding whether a crime occurred and whether there is an affirmative defense... Read more »

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1 Answer | Asked in Criminal Law for Nebraska on

Q: Need help resolving 2yr old warrant. Moved Outta State. Not sure y I have it. I had already served my jail time 4 it.

Just found out i have it & that i cant pay it online. Served 4month sentence 4 it b4 i moved outta state 2yrs ago.

Brendan Michael Kelly answered on Oct 23, 2018

Contact a good criminal lawyer in Omaha a should be able to discover and help you clear up the warrant. We have been able in the passed to have such matters resolved without the clients having to appear. A good criminal lawyer should be able to assist you in this type of action.

2 Answers | Asked in Criminal Law for Nebraska on

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

I got pulled over for no brake lights, the officer ofcourse wrote the tickets came back to my truck and gave them to me, when he was about to leave he noticed the corner of a silver case.. So he called me back to his police car and said he needs to ask me a question. So i did and he asked whats in... Read more »

Gary Kollin answered on Oct 9, 2018

There are issues which need to be litigated. You need to hire an attorney YESTERDAY.

You need to start working in this now

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1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on

Q: Do I need a lawyer?

I'm 18, graduated this year and live in Nebraksa. I have a friend who is 15. He called me last week and asked if I could pick him up from school because he was being sent home for the day and couldn't get a hold of his mom. So I did. After I picked him up he asked if he could come to my apartment... Read more »

Julie Fowler answered on Sep 12, 2018

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?... Read more »

1 Answer | Asked in Criminal Law for Nebraska on

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

Brendan Michael Kelly answered on Aug 30, 2018

You would have to make a report it to law enforcement.

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on

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

this witness was a bystander

Gary Kollin answered on Aug 24, 2018

Serendipity and nothing more

1 Answer | Asked in Criminal Law for Nebraska on

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

Does that mean the earliest he can get out is in 35 years?

Timothy Sopinski answered on Jul 27, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Nebraska on

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

I was at a party that was busted and the cops found paraphernalia and weed (about .3 grams) that were not claimed and not mine. Should I plead not guilty with this only being an infraction?

Timothy Sopinski answered on Jul 27, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Nebraska on

Q: Child has reported child abuse to guidance counselor and was told to deal with it. Is that failing to resport abuse?

Abuser of the child works at school with guidance counselor. Other educators have seen abuser yell, abuse, and blackmail child. Calls child worthless, disgrace, and disappointment. Keeps child from her friends and also the needed medical care in few instances. Makes child work as her slave as the... Read more »

Julie Fowler answered on Jul 5, 2018

You have a duty to report child abuse or neglect. To report child abuse or neglect, you can call the Nebraska Child Abuse hotline at 1-800-652-1999. Especially if you feel someone else may have failed to report the abuse or neglect, you still have a duty to report if you have knowledge that a... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Nebraska on

Q: My 16 yr old son backed into an unoccupied vehicle, then left without giving info. Does he need a lawyer for court?

This is his first ever issue with the law, he is a good student & a respectful teen, he was scared & didn't know what to do, the unoccupied vehicle wasn't parked in a marked parking area, and this incident happened on private property, our insurance took care of all damages right away. I'm very... Read more »

Peter N. Munsing answered on Feb 11, 2018

Yes. Find one who handles citations in that court. Make sure person was paid. Ask them for something showing they paid that your son can show the Court.

1 Answer | Asked in Criminal Law for Nebraska on

Q: How long of a sentence minimum-maximum does 3rd degree assault mutual consent carry

Brendan Michael Kelly answered on Feb 9, 2018

It is a class one misdemeanor offense and carries 0 to 1 year in jail and/or a $1000.00 fine.

1 Answer | Asked in Criminal Law and Consumer Law for Nebraska on

Q: My car caught on fire whyll getting repaired at machanics shop his howl shop caught fire

He had no insurance and I had no insurance on the car not sure on what I need to do about the situation I had a lot of money in the car

Brendan Michael Kelly answered on Jan 24, 2018

You should try and sue in small claims and then try and collect on the judgment.

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