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Nebraska Questions & Answers
1 Answer | Asked in Criminal Law for Nebraska on
Q: At what point should the county attorney turn over all evidence they have to the public defense attorney

The prosecuting attorney has footage of the alleged crime but the public defender attorney does not have it

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

There isn't a set answer to your question and the process and timing varies somewhat from county to county. It also depends somewhat on the severity of the charge and the type of evidence in question.

For example, it might start with the defense attorney having access to the police...
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2 Answers | Asked in Personal Injury and Car Accidents for Nebraska on
Q: Passenger in uber fender bender. Hurt neck & now have issues moving it. They want to settle at $1.4k fair or worth more?

Had prior back issues but never neck issues. Doctor said ct scan yesterday showed post traumatic neck pain due to injury and the only injury to my neck is the uber. Have degenerative disc's in spine in neck area and straightening of the normal cervical lordosis. Which causes more pain ontop of... View More

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

Are the medical bills, anticipated medical bills related to injury due to the accident, and lost wages expected to be more than $1,400? Is there any compensation for pain and suffering? Does the total still equal $1,400 or less even with some compensation for pain and suffering? Depending on... View More

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2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Nebraska on
Q: My brother and I own a pasture. He has been renting it out without my signature for 7 years.

He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More

James L. Arrasmith
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answered on Dec 25, 2023

You should consider taking the following steps to address your concerns:

Review Documents: Request copies of all lease agreements and financial records related to the pasture from your brother. Insist on transparency and access to all relevant paperwork.

Consult an Attorney: Seek...
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2 Answers | Asked in Family Law and Probate for Nebraska on
Q: What can you do if a grandchild who was not named in a will takes things from a deceased person's house and won't return
Julie Fowler
Julie Fowler
answered on Nov 28, 2023

I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More

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1 Answer | Asked in Family Law for Nebraska on
Q: contempt need to be filed immediately. Is there a time limit?

just happened saturday

Julie Fowler
Julie Fowler
answered on Nov 20, 2023

There isn't a specific time limit to file a contempt action. However, if you don't act on enforcing your rights, you may waive them after a period of time. There isn't a set time period and it depends on the specific facts of the case. Depending on your judge, the next available... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Is there a way to request documents and report from my employer on why I was terminated

I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.

If you were an at-will employee and it is just curiousity, then...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my son that has temporarily delegation over my daughter let her come stay with me her mom in another state if he si
Julie Fowler
Julie Fowler
answered on Nov 19, 2023

A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.

If there is a dispute...
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1 Answer | Asked in Family Law for Nebraska on
Q: On a parenting agreement, what does 15 days uninterrupted parenting time mean?

Does vacation have to be 15 days in a row? Can one parent take 15 days total on the others parenting time split over the year? Do the parents have to switch off if a holiday in the parenting agreement causes one parent to have the child over 15 days?

The statement says:

Vacation... View More

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

For an answer how to read your specific decree, you need to speak with an attorney and read the decree and parenting plan together as a whole. Just reading one snippet and not knowing the background on your case could result in you interpretting something very different from how the Court might... View More

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Nebraska on
Q: Do I need a civil or criminal lawyer to retrieve property (truck & cash) seized by DEA?

Truck & cash seized during raid, DEA asked for proof & extended time to gather paperwork. He has proof funds were from regular day job and inheritance funds given from mom for Christmas gifts. He has paystubs and receipts. The truck was quoted at $23,650 by feds and cash amount seized was $14,469.

James L. Arrasmith
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answered on Nov 18, 2023

To retrieve property seized by the DEA, you would typically need a criminal defense attorney, especially if the seizure was part of a criminal investigation or raid. This type of attorney is experienced in dealing with criminal matters and can navigate the legal process to challenge the seizure.... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Is the District Court of Douglas County NE. contracted by the Title 4-D agency to set child support orders?

If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed

Julie Fowler
Julie Fowler
answered on Nov 14, 2023

The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More

1 Answer | Asked in Immigration Law for Nebraska on
Q: Can I file for asylum while I’m in f1 status? What’s the requirements? What documents are needed?

I’m an f1 visa holder, currently attending college in the U.S. and I’m from Afghanistan.

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can apply for asylum while on F1 status, and given the current situation in Afghanistan, many students have taken this path. You must file Form I-589 (Application for Asylum) within one year of your last entry into the U.S., unless you can demonstrate changed or extraordinary... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: I paid a car in Oregon but the person took my car without paying me and didn't pay me at all I put his name on title&me.

Question can I sue this person and take my car also the cash he borrowed but never paid me back. All I want is my car back and the money he owed. I got receipt of payment for my car I paid it in full. He didn't pay me at all but he wants me pay his insurance as well eventho he was the one... View More

James L. Arrasmith
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answered on Oct 21, 2024

You have a strong case to recover both your car and the money owed. Since you have a receipt proving you paid for the car in full and your name is on the title, you can take legal action to enforce your rights. Filing a lawsuit in small claims court is a viable option to seek the return of your... View More

1 Answer | Asked in Estate Planning and Family Law for Nebraska on
Q: Conservativeship of an adult

A family member keeps falling for scams and has given almost all of his retirement money away to fraudsters. Can you become a conservator for someone who is constantly giving money away to fraudsters?

Julie Fowler
Julie Fowler
answered on Oct 12, 2024

You may want to get in contact with Adult Protective Services.

If the person is no longer legally competent, you can file an action for a guardianship or conservatorship to establish someone as their legal guardian or conservator.

1 Answer | Asked in Family Law and Immigration Law for Nebraska on
Q: Wanting to move back to Germany. I have legal guardianship of adult bio daughter. Can I move her with me?

Medical, financial… would be set up in advance. She’s wanting to move as well. What steps do I need to take to make this happen?

James L. Arrasmith
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answered on Sep 29, 2024

Moving to Germany with your adult daughter under legal guardianship is possible, but there are several steps you need to follow. First, ensure that her legal guardianship documents are translated and recognized in Germany, as each country has different regulations regarding guardianship of adults.... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: Conflict of Interest1) Are you currently under a term of supervision by WDOC or any other similar agency, to include a p
James L. Arrasmith
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answered on Sep 21, 2024

Hi, this website is for answers to legal questions. Please post your question and someone will hopefully respond.

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Nebraska on
Q: Hello A minor child seriously injured when a Syrian student backed out from a drive. The man recently licensed

Deported . Student visa was not valid.

Due to child’s injuries.. there was immediate need for hospitalization and many surgeries thereafter

My question, I have located this man and want to pursue legal action,

I was informed years ago that it would be extremely... View More

James L. Arrasmith
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answered on Sep 1, 2024

It sounds like you’ve been dealing with a very difficult situation for a long time, and it's understandable that you want to seek justice for the child’s injuries. Since you've managed to locate the individual, the first step would be to consult with a lawyer who is experienced in... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Nebraska on
Q: I was put in jail and searched in ottumwa iowa can they do that to me
James L. Arrasmith
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answered on Aug 31, 2024

Being searched when you're put in jail is a common procedure. In Ottumwa, Iowa, like in many other places, law enforcement has the authority to search you if you're being detained or arrested. This is primarily for safety reasons—to ensure that you're not carrying anything... View More

1 Answer | Asked in Internet Law for Nebraska on
Q: I need restraining orders or ex porte for cyber violent internet crime
James L. Arrasmith
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answered on Aug 6, 2024

If you're dealing with cyber violence or internet crimes and need a restraining order or ex parte order, you should start by contacting your local law enforcement agency. Explain the situation clearly, providing all relevant details and evidence of the cyber abuse. Law enforcement can guide... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: Engine issues not disclosed before I bought a car from a dealer.

The dealership new of the problem.

James L. Arrasmith
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answered on Jul 28, 2024

When you buy a car from a dealer and discover undisclosed engine issues, you have options to address the problem. Start by gathering all relevant documents, such as the sales contract, any warranties, and records of the car's condition at the time of purchase. These documents will be crucial... View More

1 Answer | Asked in Immigration Law for Nebraska on
Q: Hi, my name is Charles. I'm currently a documented F1 student. What are the ways I can use to get a green card?

I'm a thesis-based MSc in Biology student. I will be graduating in May 2025. I'm thinking EB2 NIW will be best for me. If you could help me with it, I would be grateful.

James L. Arrasmith
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answered on Jul 28, 2024

Hi Charles, it's great that you're thinking ahead about your path to a green card. The EB-2 National Interest Waiver (NIW) can be a good option for you, especially if your research and expertise in Biology demonstrate significant benefit to the U.S.

To apply for the EB-2 NIW,...
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