Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nebraska Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on
Q: what if a cop "coincidentally" knows a witness on their criminal case?

this witness was a bystander

Gary Kollin
Gary Kollin
answered on Aug 24, 2018

Serendipity and nothing more

1 Answer | Asked in Criminal Law for Nebraska on
Q: A guy I know must serve a minimum sentence of 15 years, and yet he isn't eligible for parole for 35 years...

Does that mean the earliest he can get out is in 35 years?

Timothy Sopinski
Timothy Sopinski
answered on Jul 27, 2018

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... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was given a citation for being in the presence of weed and para without it being mine. Plead not guilty?

I was at a party that was busted and the cops found paraphernalia and weed (about .3 grams) that were not claimed and not mine. Should I plead not guilty with this only being an infraction?

Timothy Sopinski
Timothy Sopinski
answered on Jul 27, 2018

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... View More

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

Abuser of the child works at school with guidance counselor. Other educators have seen abuser yell, abuse, and blackmail child. Calls child worthless, disgrace, and disappointment. Keeps child from her friends and also the needed medical care in few instances. Makes child work as her slave as the... View More

Julie Fowler
Julie Fowler
answered on Jul 5, 2018

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... View More

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Nebraska on
Q: My 16 yr old son backed into an unoccupied vehicle, then left without giving info. Does he need a lawyer for court?

This is his first ever issue with the law, he is a good student & a respectful teen, he was scared & didn't know what to do, the unoccupied vehicle wasn't parked in a marked parking area, and this incident happened on private property, our insurance took care of all damages right... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

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.

1 Answer | Asked in Criminal Law for Nebraska on
Q: How long of a sentence minimum-maximum does 3rd degree assault mutual consent carry
Brendan Michael Kelly
Brendan Michael Kelly
answered on Feb 9, 2018

It is a class one misdemeanor offense and carries 0 to 1 year in jail and/or a $1000.00 fine.

1 Answer | Asked in Criminal Law and Consumer Law for Nebraska on
Q: My car caught on fire whyll getting repaired at machanics shop his howl shop caught fire

He had no insurance and I had no insurance on the car not sure on what I need to do about the situation I had a lot of money in the car

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jan 24, 2018

You should try and sue in small claims and then try and collect on the judgment.

1 Answer | Asked in Criminal Law for Nebraska on
Q: If u get caught on videotape stealing a controlled substance what kind of violation is that

It happened at a friend's house also will they let u out on own recognice

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jan 23, 2018

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.

1 Answer | Asked in Personal Injury, Criminal Law and Employment Law for Nebraska on
Q: Could I sue my former boss or the bars involved in my accident?

I'm located in Omaha, Nebraska and work for the parent company of several cocktail bars. I was attending a staff party at an unassociated bar where I believe my boss (The company owner) accidentally roofied me. To cover it up I believe he took me to a dive bar while under the influence of the... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

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.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Nebraska on
Q: How much time does a judge have to make a ruling on a supression hearing misdemeanor charge?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Aug 2, 2017

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.

1 Answer | Asked in Criminal Law for Nebraska on
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

It's been 7 years he's still in prison the girl lies because she's married not first boy to ruin there lives he's spent the last seven years for excuse the pun (finger banging an adult female) who sends a young adult to prison for that.

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

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.

1 Answer | Asked in Internet Law, Criminal Law and International Law for Nebraska on
Q: I was told about a questioning for something i was falsely accused of. Can UK police reports be brought to the US?

Can UK police reports be sent to the US?

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

Yes, it happens all the time.

1 Answer | Asked in Civil Litigation and Criminal Law for Nebraska on
Q: My nephew was brutally assaulted by a 14 yr old in foster care. Who is responsible criminally & financially?

My nephew endured hundreds of sutures to his face neck and legs from stab wounds. He also had a metal plate placed in his jaw to repair it. This person has admitted & laughed about them doing this on Facebook & to friends. There is an investigation (small town) underway but seems to be... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

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.

1 Answer | Asked in Criminal Law for Nebraska on
Q: If im on probation in douglas county ne. Can i move to Bellevue ne which is in sarpy county ne?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 18, 2017

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.

1 Answer | Asked in Personal Injury, Sexual Harassment and Criminal Law for Nebraska on
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

They were both minors under the age of 13 at the time...the sister won't let it go is there anything that can be done to him

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

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.

1 Answer | Asked in Family Law and Criminal Law for Nebraska on
Q: My son is 16 and his girlfriend is 17. Girlfriends parents want to file a restraining order on my son so they will stop.

Can they do this?

Brendan Michael Kelly
Brendan Michael Kelly
answered on May 10, 2017

Yes if there is a valid reason showing he is a danger. I would object because it doesn't serve you are your son well to have a restraining order again you.

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: My son is 10 and he got a ticket for trespassing and criminal mischief. Does this still in his record till his 18?
Brendan Michael Kelly
Brendan Michael Kelly
answered on May 4, 2017

It is not a conviction but what is called an adjudication. It does not remain on his criminal record once he turns an adult, which is 19 in the State of Nebraska. It can be used to aggravate any future involvement with the law until he becomes an adult.

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: Assault in the Third Degree?

I am 15 and my ex boyfriend faces Assault in the Third Degree charges. I have gotten access to screenshots of him asking other females to try and fight/assault me. Does this help my case in any way?

Brian Lehman
Brian Lehman
answered on Jan 23, 2017

Just to clarify, it's not your case, but rather the state's case. That is, you are a witness or victim to a crime and now, it seems, the state of Nebraska is pursuing charges against your ex-boyfriend. To be clear, your ex-boyfriend could be found guilty based on your testimony alone if... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I'm almost turning 18 and if I wanted to fight a 13 year old girl would that be child neglect and abuse right there.
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Why do you want to fight a 13 year old? If you commit a battery on someone, you are subjecting yourself to criminal liability. Don't start anything you will regret later.

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: A minor child is accused of sexualy molesting another younger child. Should he get a lawyer before his interview?
Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2016

You need to talk to one at least (depends on age of kid).Consequences drastic, so yes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.