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Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: A female friend was arrested on a DV assault-3rd degree misdemeanor. She actually had a warrant but turned herself in

To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... Read more »

Julie Fowler
Julie Fowler answered on Oct 27, 2020

I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.

2 Answers | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: I’m in Omaha Neb If I paid the full retainer fee for an attorney for a friend can I fire the attorney?

Or can only the client fire the attorney? Actually, I’m wanting the partial amount back due to the friend not living up to the conditions of the loan, not necessarily because of the attorney

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 14, 2020

Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be... Read more »

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it a good idea to fight the warrant or not?

Discovery shows the exact info used to enter my husbands residents in Dec 2019 (we had been seperated over a yr) which had nothing to do with me. Boyfriends past record, & surveillance conducted at neighbors 4-5 blocks away, & a guy who claims to have purchased drugs from me the night he... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 5, 2020

Whether you have a sound basis to suppress or keep out of evidence the contraband they found after entering your living space is a matter that should be discussed with a criminal defense attorney retained or appointed by the Court. If you don't already have an attorney, either pay for and... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Civil Rights for Nebraska on
Q: Do i have rights to leave a treatment program and choose one that is best for me if i was not court orders

Im on probation and my out patient counsoler recommended me for intensive Outpatient Treatment because I missed a few classes I also missed one of those so she then in turn contacted my probate probation officer and told her that I need intensive outpatient treatment she's and made me go to a... Read more »

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If there is another treatment program that is a better fit and the person has been accepted into that program, then it is possible to transition a person from one program to the other. The person would want to coordinate with the probation officer to make sure they are also aware of the transfer... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have a question about the plea deal in regards to my case. Is it okay for me to call the district Court and ask them

I can't get ahold of my PD, and haven't been able to for several days. I would like to call the district Court and ask for more info about the plea deal, but I'm not sure if this would harm my case in any way. (Ex. Could this get back to the county attorney somehow)

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If you have an attorney, the attorney on the other side can't talk to you. Thus, if you have a public defender the prosecutor won't be able to talk to you.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Nebraska on
Q: So in this case, should the co defendant be able to suppress evidence also?
Julie Fowler
Julie Fowler answered on Aug 27, 2020

There are times when a motion to suppress is valid and is granted for one defendant but doesn't apply to a co-defendant. It depends on the overall facts.

1 Answer | Asked in Criminal Law and Adoption for Nebraska on
Q: I shoplifted and they won’t let us pay they sent us a letter using section 43-247.1 and 43-3001 what does that mean ?

I’m adopted and I do have some mental illness such as bipolar but we’re getting me meds

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Are you saying that you were allegedly shoplifting and you would prefer just to pay a fine rather than go to court? Generally, you are required to appear in court when charged with shoplifting. You will want to retain an attorney prior to your first hearing or appear at the hearing and request a... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the extreme use of hand sanitizer cause a false positive read on an ETG urine test for alcohol?

I am a healthcare worker and recently got called to test for alcohol while on probation. My ETG test came back positive. I haven’t drank so I’m guessing it’s from my extreme use of hand sanitizer.

Julie Fowler
Julie Fowler answered on Aug 5, 2020

There is research that supports your theory. If you wanted to bring this defense in a legal setting, you might have to hire an expert to explain how this works and whether it applies in your case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: If I tell my lawyer to skip depositions and go straight to asking for a plea deal can they do it.

My lawyer wants to do depositions, she got an approval from the judge. I dont want to do that because itll be more trouble. I just want to move to a different step or just asl for a plea deal. Can they do that if I request them to?

Julie Fowler
Julie Fowler answered on Jul 22, 2020

The party that requested the deposition can generally cancel the deposition. Whether this is in your best interest is another issue. If the prosecutor requested the deposition (or both parties requested it), then the defense generally can't just cancel the deposition. The prosecutor... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was arrested for felony flight to avoid but it was dropped down toa misdemeanor and i was put on probation for 1yr

If i violated probation what would be my sentence can they bring the felony back up

Julie Fowler
Julie Fowler answered on Jul 22, 2020

For a violation of probation, you can generally be sentenced up to the maximum jail time allowed under the original offense convicted of. Thus, if a person was convicted of a misdemeanor, the maximum jail time is generally the maximum jail time allowed for the misdemeanor, even if the original... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: i have a warrant for crim attempt class felony 4 and I dont know what it could possibly be and I don't know what to do
Julie Fowler
Julie Fowler answered on Jul 22, 2020

Many counties post their active warrants on their county sheriff's website. You could also do a case search on the Nebraska Judicial Department website if you believe the warrant is in Nebraska. https://supremecourt.nebraska.gov/e-services

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: Am I able to call law enforcement to take off my missing persons report

I am 16 about to be 17 and I recently ran away from home and I have been keeping contact with my mom and she knows where I've been at but still doesn't want to take off my missing persons report, I have her consent and proof of it but she still tries to force me home.

Julie Fowler
Julie Fowler answered on May 23, 2020

A parent can contact law enforcement when their child is a runaway. Often a child is still considered a runaway even if the parent knows where the child is but can't get the child back to the parent's home. A person who is harboring a runaway can have criminal charges brought against... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was faslaccused of false reporting and settiing up my ex boyfriend. My door was broken into and our snake was missing.

I was accused of breaking my own door and was accused of having the snake here thr whole time when it wasnt. Then it magically appeared in my place in a toy box. I'm being charge with false reporting and trying to set my ex up when I was telling the truth. He claims my stories dont match up... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

If you need assistance in defending against a criminal charge, you should request a public defender or hire a criminal defense attorney to assist you. From the facts you describe, you may have a good defense against the charge.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I am a Canadian and I tried crossing the border into the US and after finger printing, security asked me about

an incident from 1978 in which I was detained in Omaha, Nebraska and the following day I was released with no charges, not arrested, they gave me no paperwork. Now customs are asking for paperwork to show there were no arrest or charges. I googled my name and shows no arrests ever, how do I get... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

Have you tried obtaining a copy of your criminal history report?

https://www.nebraska.gov/apps-nsp-limited-criminal/

If you need more info than the basic background report, there is a "help section" on the above website that tells you how to request the more detailed...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: Can a law enforcement officer call and question a 12 year old on her phone without permission for an adult
Julie Fowler
Julie Fowler answered on Apr 7, 2020

It is common, especially in child abuse or neglect allegations, for a child to be questioned without permission from the parent. Whether it was appropriate in a specific case depends on the overall facts of the case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My son is in jail in Douglas County he shot a gun in the house. The charges are Fire arm to commit,a felony, terrorit,

are you in Nebraska he had a prior conviction,10 yrs ago, not a gun name is Richard Terkeurst, age 36, wife and children were in the room, says 10, thousand bond

Julie Fowler
Julie Fowler answered on Apr 7, 2020

You should take your question down. You would not want to post such specific details about a person on a general message board like this.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What is the cost if securing an attorney?
Julie Fowler
Julie Fowler answered on Apr 7, 2020

The cost of securing an attorney depends on many factors. For a criminal case, the cost is largely dependent on the seriousness of the charge and the likelihood that the matter will go to trial.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have been charged with first degree sexual assault on a minor child and was basically tricked into a plea deal because

My attorney did not fully look at the evidence prior to starting the facts of the dna results he said I better take the plea deal to limit the exposure to prison. Come to find out the results were not conclusive and stuck with the plea and sentencing on March 31st any thing I can do to get out of... Read more »

Julie Fowler
Julie Fowler answered on Mar 16, 2020

Not sure from the wording of your questions. If you haven't entered your plea yet, you don't need to go forward with pleading to something you don't want to plead to on 3/31. You can let your attorney know that you don't plan to enter the plea and want to go forward with... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: My dad gets prescription medication from a friend when he runs out, but they're the same dosage and type.

My dad had been prescribed an opioid for a few years now. Recently, when he runs out, most of the time he gets some from a friend who is also prescribed it, instead of making a call and/or revisiting his doctor. I feel like it is something he should not be doing. What all can happen from this type... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Having or taking prescription medication that is prescribed to another can result in serious criminal charges. Depending on the medication and facts of the case, it can result in a felony charge and jail/prison time.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Faceing charges 28-1206 1D and 28-416 class 4 what kind of punishment will I get? Prison time and any outcome
Julie Fowler
Julie Fowler answered on Feb 24, 2020

A class ID felony has a mandatory minimum of three years and maximum of 50 years imprisonment. Depending on the facts of the case, the charges could be reduced or dismissed. If you have a criminal case pending, you need to speak with your criminal defense attorney or public defender for advice at... Read more »

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