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Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Libel & Slander, Contracts, Criminal Law and Personal Injury for Nebraska on
Q: legal documentation of inability to dispense medication nebraska legal documentation inability to dispense personal abil
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

A Nebraska attorney could answer best, but your question remains open for two weeks. Part of the post may have gotten left off in uploading - the question is not fully clear. There's no guarantee all posts are picked up, but you could try reposting again. Do not include personal information in... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I just got witness summoned to ND. I now reside in NE. 1300mi rnd trip, plus food/lodging. Do I have to go?

A immobile woman was found to have 2 broken legs, because the N.A. on the floor 4hrs. before my shift, had transferred her to bed, without assistance. She is now having charges brought against her. I am on disability and walk with braces and cane. My muscles are fading away slowly. In my... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You would need to talk with an attorney who practices in North Dakota if that is where the subpoena came from. At least in Nebraska, there are rules about having to compensate witnesses to appear at a hearing.

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: What can I do if I’ve been ineffectively represented by court appointed counsel?

I have an email where counsel literally denies my request to take action because of indigent status. Can I be denied rights guaranteed by the constitution for asking the courts for a lawyer instead of paying one?

Julie Fowler
Julie Fowler
answered on May 4, 2022

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Why is there only a 10 day time frame to file motion for new trial following a verdict?
Julie Fowler
Julie Fowler
answered on May 4, 2022

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

1 Answer | Asked in Criminal Law for Nebraska on
Q: If you are hired to tow a vehicle and there is something illegal in the vehicle being towed, can the driver be arrested?
Julie Fowler
Julie Fowler
answered on Apr 6, 2022

Maybe. Criminals try to get creative at times. If law enforcement knew the tow truck driver was in on the drugs being moved, they could be charged.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: Question about constitutional rights in criminal cases, that have more then one defendant

If offered a plea deal agreement to not testify on another criminal case on either the defendant or the states behalf, but can’t take the deal until the other defendants case is over, is it against constitutional rights of other defendant if they can’t call in that witness

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Elder Law and Nursing Home Abuse for Nebraska on
Q: What type of attorney do I need? I've been wrongfully accused of elder abuse as of 3/8/22 and I requested an appeal.

There are multiple mitigating circumstances that weren't considered and I have multiple character witnesses and evidence of how I treat my patients. I was in a room with another co-worker when the alleged abuse took place. We were dressing a confused and agitated resident for dinner and she... Read more »

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

If this is due to a criminal charge, you should retain a criminal defense attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on
Q: I own guns and my husband just became a felon in Nebraska.

Do I have to get rid of them or can they be locked up in a safe and he cannot utilize them. I can’t seem to get a clear answer.

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

I have seen charges for possession by a prohibited person filed against a person when the house they were staying in had locked-up guns in a floor of the home that the homeowner did not allow them access to, although technically they could have gone into that area of the home. They didn't... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: In the state of NE is it illegal for a police officer to question a minor about a crime….->

They are a suspect for without parent consent or having a lawyer present?

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

Generally a child doesn't have a right to have a parent present before law enforcement can speak with them.

Hire a criminal defense attorney that regularly handles criminal case for minor children to assist you. Sometimes a motion to suppress or another option may be available.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I'm a felon and I was pulled over and had my sons air riffle in my backseat.they charged me with possession and transpor

Does that make a difference? I don't want to end up back in federal prison for a air rifle.can you please help

Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

You need to speak with your attorney about this. They're the only ones who can review the evidence and give you guidance. Good luck.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it illegal for an 18 year old who is a ward of the State of Nebraska to run away?

Is it illegal for someone who is 18 and a ward of the State of Nebraska to run away from their foster placement if they aren't on probation and have no criminal cases pending? Especially if they deciced to run to a different state? Could anything be done once they cross that boundary into... Read more »

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

If a child is in foster care and runs away, the State generally has an obligation to make attempts to retrieve the child and then often has additional restrictions placed on the child so the child doesn't run away again. Encouraging or assisting a child to run away can be charged as a crime.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My bf was riding a peddle bike when 9 cops cars surrounding him 2 cops grabbed him arm and searched him

Was his 4th amendment right violated

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

There isn't enough facts here to determine whether there was a violation or not. Did he have an active warrant or very closely resemble a person who does? Did a serious crime occur nearby and he matched the description of the suspect fleeing? Even if it turns out that law enforcement got... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: My bf and I had been arguing on the phone he threatened to take my apartment and kids from me so I called the police and

I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg

Julie Fowler
Julie Fowler
answered on Jun 18, 2021

A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: How can the law inforcement break in a residence without the homeowners being home an search in Nebraska?
Julie Fowler
Julie Fowler
answered on Jun 18, 2021

Was there a search warrant? If so, then this was very likely lawful.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler
answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Sexual Harassment for Nebraska on
Q: Can I get the school district to pay for outside counseling for my daughter, after being sexual harassed by a teacher?

The teacher is being investigated by the police, he has resigned and admitted to his wrongdoing. Charges have not been filed yet.

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

Maybe. Contact an attorney to assist with the case. This could potentially be a service offered or a term of a settlement agreement.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I recently completed a diversion program in the State of Kansas. Will this record show on a criminal background check?
Julie Fowler
Julie Fowler
answered on Mar 2, 2021

At least in Nebraska, once diversion is completed, the charge is dismissed and the file sealed. Thus, generally the charge and the diversion completion won't show on a standard criminal background check.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... Read more »

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Criminal Law for Nebraska on
Q: Are there any lawyers in Nebraska that will accept bond money as payment?
Julie Fowler
Julie Fowler
answered on Jan 6, 2021

Yes. May do. It is not uncommon for a defendant to "assign" the bond money to their criminal defense attorney as part of the fee agreement for services.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What exactly does attempted possession charge mean in Nebraska?

They want to drop the charge from possession to attempted possession of a controlled substance Also drop the paraphernalia charge totally. And keep the shoplifting charge.

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

An "attempt" offense is generally a lesser offense that can still be supported by the same general facts. These are often used as part of plea offer as "attempt" offenses often carry a lesser minimum/maximum sentencing range than the offense itself. Thus, the prosecutor may... Read more »

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