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Nebraska Criminal Law Questions & Answers
Q: Can police choke and tase you on the ground if suspicious of something in your mouth?
I was pulled over by the police for allegedly not having my headlights on, although my truck lights come on automatically and there was no way for the officer to see my truck from a mile away. I was accused of acting suspiciously and was asked to exit my vehicle. Once out, I was tackled and choked... View More 
Stephen Arnold Black
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answered on Oct 2, 2025
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answered on Oct 2, 2025
Whenever a police officer has reasonable suspicion that a crime has been committed, he may stop you and conduct a limited search for weapons if he believes you may be armed and dangerous. This is known as a Terry stop. If the officer develops probable cause during the encounter, he may arrest you... View More
Q: Impact of taking $30,000 from spouse's 401k in divorce asset division.
I am currently in the process of getting divorced and in 2022, I took $30,000 from my wife's 401k without her consent. I have agreed to pay restitution, and while she has not filed charges, she is asking for the repayment in divorce filings, stating the amount was stolen. She claims she... View More
Julie Fowler
answered on Sep 18, 2025
answered on Sep 18, 2025
It all depends on the facts. Are you two living separate and apart or are you to residing together and sharing expenses? How long is the marriage? Did these funds that you removed accrue during the marriage? What did you do with the funds? How long has she known you removed the funds? What... View More
Q: Police refuse to return fake ID from lost wallet
I lost my wallet, which was found and turned into the police by someone else. The wallet contained a fake ID alongside my other belongings. The police returned my wallet but are refusing to give back the fake ID. I believe the search and retention of the ID were not legal because I did not... View More
Julie Fowler
answered on Sep 18, 2025
answered on Sep 18, 2025
It is generally unlawful to have a fake ID. Law enforcement generally are required to retain the fake ID and it would likely be a violation for law enforcement to return this contraband to you. If you push the issue, you may be cited for having the fake ID. You would want to talk with an... View More
Q: Is a 4-year age difference in dating legal regarding consent in Nebraska?
I'm 22 years old, and my girlfriend is 18 years old, which makes her just over four years younger than me. I'm concerned about the legality of our relationship under Nebraska state laws, particularly regarding legal consent. Can you provide guidance on whether our age difference poses any... View More
Julie Fowler
answered on Sep 4, 2025
answered on Sep 4, 2025
At 18 years old, you are not likely to be faced with charges related to sexually conduct due to her age. Most charges related to a contributing to the delinquency of a minor also end at age 18. You will still occasionally see things like a protection order request brought by a parent to try to... View More
Q: What if I plead guilty after a car crash in Nebraska with no insurance?
I was involved in a car crash in Lincoln, Nebraska, where my car was totaled. It was my first offense, and I did not have car insurance at the time. There were other people involved in the crash, and I received a citation for negligent driving. I've already had one court date and have another... View More
Perry Andrew Pirsch
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answered on Jul 9, 2025
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answered on Jul 9, 2025
If you have any assets, YES!, you need legal representation. Even if you don't have assets, there are always things to review and to potentially contest, even if it is just the amount of damages. In short, yes, you should consult with an attorney. No attorney will want to take this sort of... View More
Q: Can I serve time for possessing 7 oz of marijuana in Nebraska at age 18?
I am 18 years old and was pulled over by a police officer who smelled marijuana in my vehicle. I was found in possession of 7 ounces of marijuana in Nebraska. I have no previous offenses or criminal record related to drug possession, and I'm not currently facing any legal proceedings. Can I... View More
Perry Andrew Pirsch
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answered on Jul 9, 2025
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answered on Jul 9, 2025
Yes. Pursuant to Neb. Rev. Stat. 28-416, possession of marijuana greater than an ounce and less than a pound is punishable as a Class III misdemeanor. Thus, you could be sentenced up to 3 months in jail and a $1,000 fine. Note, however, there is NO required minimum sentence and you might also... View More
Q: Facing charge as a felon in possession with questionable evidence consent in Nebraska. Should case be dismissed?
I am facing a charge of being a felon in possession of firearms. The only evidence is a one-page typed police report stating that I consented to a search, but I did not actually give consent. A gun was found in the center console of a borrowed truck. The officer involved in my case is deceased, and... View More
Julie Fowler
answered on May 14, 2025
answered on May 14, 2025
Generally the witness must be present to testify as to what they saw, said, or heard. Otherwise it is considered hearsay and hearsay is generally excluded from evidence. However, there are many exceptions where hearsay can be submitted into evidence if it meets the criteria for the exception.... View More
Q: Can a felon legally possess and transport throwing knives in Nebraska for sporting purposes?
In Nebraska, is it legal for a convicted felon to possess and transport throwing knives for sporting purposes? Specifically, I assembled a standing target with a friend and practiced throwing knives, transporting them stored in a box on the floor of my truck with the target in the truck bed.... View More
Julie Fowler
answered on Apr 5, 2025
answered on Apr 5, 2025
There is an argument either way on this one.
The statute has exceptions for things like archery equipment for lawful purposes and hunting/fishing equipment when used for those purposes and the person has the appropriate Nebraska permit for hunting/fishing consistent with the equipment.... View More
Q: How can we obtain Medicaid and assistance in Nebraska despite a criminal record?
My brother, Darrin Healey, who suffers from congestive heart failure and stage 2 kidney disease, is struggling to get Medicaid, food stamps, or any assistance from the state due to his criminal record. He had high blood pressure and couldn't afford the medication, and we received no help from... View More
Julie Fowler
answered on Mar 27, 2025
answered on Mar 27, 2025
Unlike many western nations, there is no right to universal health care in the United States. You don't have a right to basic health care in the US. Besides emergency life-saving services, if you can't afford health care or necessary medications, you don't have right to those... View More
Q: First offense marijuana possession charge in Nebraska—believed to be Delta 8, incident in car.
I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More
Perry Andrew Pirsch
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answered on Mar 6, 2025
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answered on Mar 6, 2025
If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More
Perry Andrew Pirsch
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answered on Mar 3, 2025
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answered on Mar 3, 2025
Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More
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Chad Wythers
answered on Mar 2, 2025
answered on Mar 2, 2025
I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.
Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an... View More
Q: Is a text message enough proof for vandalism?
I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More
Julie Fowler
answered on Mar 27, 2025
answered on Mar 27, 2025
There is no law that says once you have it in text, you've proven your case. The other party still has the ability to challenge the allegation.
However, additional evidence like this should be forwarded to law enforcement. It may be enough for charges to be filed or to lead law... View More
Q: Is a text message enough proof for vandalism?
I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More
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Chad Wythers
answered on Mar 2, 2025
answered on Mar 2, 2025
The answer to your question depends upon whether the text message from the purported vandal constitutes "probable cause" to believe the person committed a crime. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is... View More
Q: Is it legal to arrest a person with brain injury for a recorded threat under medication-induced psychosis?
I have a query about a situation where a person with a traumatic brain injury, diagnosed with chronic traumatic encephalopathy (CTE), left a recorded voice message that was interpreted as a threat. They went to bed afterward and were arrested the next day. This person has had previous interactions... View More
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Chad Wythers
answered on Feb 25, 2025
answered on Feb 25, 2025
It is unfortunate that person was arrested, but the standard for arrest is simply probable cause that a crime occurred. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. A person commits the crime of... View More
Q: My question is about probable cause
If someone is arrested on a warrant for auto theft and drugs are found on them, but the auto theft charge is dismissed because he didn't commit the crime, did the police have probable cause to search him?
Julie Fowler
answered on Jan 22, 2025
answered on Jan 22, 2025
It would still be possible to have probable cause even if the related charge was ultimately dismissed. You would have to look at the overall factors. Potentially probable cause could still exist. The defendant would want to review and discuss with the criminal defense attorney a possible motion... View More
Q: My boyfriend is a convicted felon and recently got arrested for drugs and guns and is looking at two 5 to 50 charges and
Two 20-life charges how much time will I have to do
Julie Fowler
answered on Jan 20, 2025
answered on Jan 20, 2025
He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More
Q: I was accused of shoplifting I didn't take anything out of the store. I have never been in a situation like this. Help
I was initially doordashing my app glitched I had to uninstall and reinstall during that time a store employee accused me of shoplifting. I gave them the door dash bag. They asked for my id I had to go to my car to get it. Came back in the took me to a security office and said they were waiting for... View More
Julie Fowler
answered on Jan 20, 2025
answered on Jan 20, 2025
If your defense against the shoplifting charge is that you were picking up the items due to being assigned to do so for someone via an app, such as Door Dash, then you need to get the records from Door Dash to show that there was an order for the items assigned to you. Even if you no longer have... View More
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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
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James L. Arrasmith
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answered on Jun 10, 2024
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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
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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
answered on May 23, 2024
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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