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Nebraska Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on

Q: I filed a 180 writ while in Missouri doc for Nebraska it took them 18 months to get me. Shouldn't they have dismissed it

I pled guilty prior to being incarserated in Missouri and I filed the writ hoping to get sentence they said the writ didn't apply to me because I already pled guilty is this right I don't understand I thought the writ was to help u resolve ur cases

Julie Fowler answered on Sep 15, 2019

Since it sounds like your case is pending in Missouri, you may want to post your question under Missouri to get an answer to your question.

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

Q: How can I get the property the police listed as in "safekeeping" while I am still going to court on the charges.

The warrant was for drugs. The place of the search was a house, all outbuildings at the address, and vehicles under the control of my co-defendant. My name was not listed on the warrant and I was staying in a camper behind the house. When the police came I exited the camper and said they could not... Read more »

Julie Fowler answered on Aug 21, 2019

Evidence can generally be kept by law enforcement until the time of sentencing even if the property belongs to other than the defendant.

If a motion to suppress has already been heard and denied, then a subsequent motion to suppress regarding the same issue/evidence is more often a motion...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Nebraska on

Q: Arrested for missing court and released on bail set without personal appearance. Is this challengable

Apparently being pro se and trying to rescedule court on further hearing activated a warrant and upon my arrest it was without my appearance a bond was set two days later but i wasnt notified in jail for 6 days. Originally out on own recognance, seems it was staged for cash bond

Julie Fowler answered on Jul 24, 2019

There isn't enough information to answer. It could be. It is common for a party to sign a paper with the next hearing date when released. Sometimes people don't even remember or really notice the hearing date when they sign this. This isn't mandatory and there are also other ways for a notice... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on

Q: Eligible for reinstatement i was pulled for driving while revocated

An officeer told me i was to recieve a citation upon the conclusion of inventory search. I joined another officer uncuffed while search being conducted where supposedly something was found. Officer told me i was then under arrest for possible possession yet to be tested. Is that a lawful search to... Read more »

Julie Fowler answered on Jul 24, 2019

There isn't enough facts here to give you an answer. Did you consent to search? If so, then it is likely lawful.

2 Answers | Asked in Criminal Law for Nebraska on

Q: If someone is arrested at a hospital are they in titled to receive the care that is recommended by the hospital?

Hospital recommended skilled care for 6-8 weeks with several medical devices to use. Does the county jail have to provide any of those things?

Brendan Michael Kelly answered on Jul 19, 2019

Sorry but they will give you the most limited cate they can get away with.

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on

Q: Should I request criminal prosecution be transferred to Federal from State District Court. A s1983 civil rights remedy?

I believe the Arrest was unlawful. I am 25% Eskimo. Not a NE citizenship. I was traveling to Indiana.

Gary Kollin answered on Jul 15, 2019

You need to retain an attorney before doing anything. A criminal defendant does not have the right to demand a change from state to federal court.

Civil suit under 1983 is a different legal action

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1 Answer | Asked in Criminal Law for Nebraska on

Q: I got a disturbing the peace ticket in Blair NE. The ticket wasn't issued to me until about 2 days later. Is that legal?

It was due to alcohol. Wasn't issued anything that night or the next day.

Julie Fowler answered on Jul 1, 2019

There is no requirement that a disturbing a peace ticket must be issued on the same day as the alleged violation.

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

scholar.google.com

I...
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.

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