Nebraska Criminal Law Questions & Answers

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

2 Answers | Asked in Criminal Law and Juvenile Law for Nebraska on
Answered on Nov 5, 2018
Julie Fowler's answer
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 against being convicted of the crime.

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.

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Oct 23, 2018
Brendan Michael Kelly's answer
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.

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: Do I need a lawyer?

1 Answer | Asked in Criminal 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: 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: 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: Child has reported child abuse to guidance counselor and was told to deal with it. Is that failing to resport abuse?

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 5, 2018
Julie Fowler's answer
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 child is being abused or neglected.

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

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Nebraska on
Answered on Feb 11, 2018
Peter Munsing's answer
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.

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

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Feb 9, 2018
Brendan Michael Kelly's answer
It is a class one misdemeanor offense and carries 0 to 1 year in jail and/or a $1000.00 fine.

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

1 Answer | Asked in Criminal Law and Consumer Law for Nebraska on
Answered on Jan 24, 2018
Brendan Michael Kelly's answer
You should try and sue in small claims and then try and collect on the judgment.

Q: If u get caught on videotape stealing a controlled substance what kind of violation is that

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jan 23, 2018
Brendan Michael Kelly's answer
Your question depends on the nature of the Controlled substance and the amount taken. You also will have to advice your age and prior criminal history. My suggestion is that you contact a good criminal lawyer to help you out.

Q: Could I sue my former boss or the bars involved in my accident?

1 Answer | Asked in Personal Injury, Criminal Law and Employment Law for Nebraska on
Answered on Oct 9, 2017
Peter Munsing's answer
Contact a member of the Nebraska Assn for Justice who handles workers compensation and employment cases. You may have several potential claims depending on the laws of your state.

Q: How much time does a judge have to make a ruling on a supression hearing misdemeanor charge?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Nebraska on
Answered on Aug 2, 2017
Brendan Michael Kelly's answer
While there is no set time limit, unless the party is in custody delays of months would likely be acceptable. The forcing the court to rule is not an real option since it will likely result in a denial by the court. The defense cannot even appeal the ruling until the defendant has been sentenced.

Q: Hello my name is kurene I want to know how a young man two years out of high school go s to prison 4 digiting girl 19

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 24, 2017
Brendan Michael Kelly's answer
As long as it is consensual there should not be any problem. Under 16 or more than 4 years in age over 15 is illegal.

Q: My nephew was brutally assaulted by a 14 yr old in foster care. Who is responsible criminally & financially?

1 Answer | Asked in Civil Litigation and Criminal Law for Nebraska on
Answered on Jul 24, 2017
Brendan Michael Kelly's answer
Yes the state can be held accountable for the medical bills and for the action of the kid who assaulted the boy. Get a lawyer and they will be able to help.

Q: If im on probation in douglas county ne. Can i move to Bellevue ne which is in sarpy county ne?

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 18, 2017
Brendan Michael Kelly's answer
Yes, ask your probation officer. If they won't allow it you will have to get a lawyer to file the change of venue. Probation in Nebraska is state wide. We have had other clients move or be transferred to another office. It is fairly common in the Metro area.

Q: I have a friend that 40 years ago he and his sister decided to show each other their private parts can he still bcharged

1 Answer | Asked in Personal Injury, Sexual Harassment and Criminal Law for Nebraska on
Answered on Jul 6, 2017
Peter Munsing's answer
If it was just that and that long ago...I don't see it happening. She may want to get some ptsd therapy to be able to see it more clearly.

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