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2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
T. Augustus Claus
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answered on Sep 7, 2023

Whether your appointed attorney should step down from your case due to their prior representation of a witness or confidential informant depends on various factors. The primary concern is the potential conflict of interest. Attorneys are bound by rules of professional conduct that require them to... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Hire a professional licensed private investigator to investigate the facts and to provide competent admissible evidence to their lawyer. Private investigators are less expensive and specifically trained in providing such services and generally have fewer limitations on what they can legally do.

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2 Answers | Asked in Traffic Tickets for Nebraska on
Q: If you get a ticket and have to go to court are you already charged or not until court
T. Augustus Claus
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answered on Sep 1, 2023

When you receive a ticket and are required to go to court, you have been formally charged with an offense. The ticket serves as a notice of the charges against you and a summons to appear in court to address those charges.

Going to court is part of the legal process where you will have the...
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2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Julie Fowler
Julie Fowler
answered on Aug 31, 2023

You aren't required to use a specific form to make this request. Many of the forms available on the court's website do allow you to handwrite changes to match your situation. That may be a possibilty here if your court will accept it with a handwritten change. If they won't and... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I an having a parking dispute with a resident but management is not willing to do anything. We are allowed 2 parking

The resident in question takes up 3 spaces,only giving me one . I missed a family event because I had no parking for them what can I do?

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

If you have a right to two parking spaces as part of your rental agreement, then you may need to pursue the issue further with your landlord if you are not receiving the value of your rental agreement due to the continued use of your space by another tenant. What your rights are depend in part of... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Kids 9 and 11 want custody modification for 50 50 custody plan. Is there a way for them to modify with GOL or something

I'd file myself but can't afford. Would need to win the lottery or take out a loan. Wish someone would listen to them and just do whatever they would like. Kids being happy is all that matters to me.

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

In Nebraska, if a parent wants to modify the current custody order, the parent can file a complaint to modify. You are not required to have an attorney to file the complaint to modify. There is information and some forms on the Nebraska Supreme Court's website if a parent wants to try to... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: if you pay a ticket you received for failure to yield can the county attorney then change your charge to careless drivin

i got a ticket for failure to yield, I paid it, then in the mail I received a notice from buffalo county nebraska attorney saying they changed the charge to careless driving and I had to pay a bigger fine

T. Augustus Claus
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answered on Aug 29, 2023

In Nebraska, it's generally not common for a county attorney to unilaterally change a traffic violation charge after you've already paid the initial ticket. Once you've paid a ticket for a specific offense, it's often considered resolved. However, laws and procedures can vary,... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Nebraska on
Q: My son who is 19 was charged with an mip in Nebraska while walking up to a outdoor concert. Blew0.00 and had none on him
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

He should retain a criminal defense attorney. The prosecutor has to meet the burden of the charge or the charge should be dismissed. If the prosecutor believes the prosecution can meet the burden with the evidence they have, then you may need to take the case to trial to let the Court decide.

1 Answer | Asked in Family Law for Nebraska on
Q: I presently have an order of guardianship and conservatorship from the court in Wichita Kansas.

My daughter is able to manage her medical care ad her finances. There is no longer a need for my services. How do I end it? We are back in Nebraska. Can we do it there or does it have to be done I’d Kansas?

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

To terminate a Kansas order, you would generally need to go through the Kansas Court. Depending on the circumstances, you may be able to move the order to Nebraska and then have the Nebraska court terminate. However, it is likely easier just to do the termination without the separate step of... View More

1 Answer | Asked in Contracts for Nebraska on
Q: I am making payments to my uncle on a car, I was wondering if I gave the car back I’d get the money back I’ve payed
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

In general contract terms, you can't just decide to not finish up payments on a contract, return the item, and ask for your money back. However, you could speak with the other party to see what terms they would agree to amend to.

1 Answer | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Order & Non-Cust. parent lives in CO. I'm in NE. He didn't pay child support 1st 10 yrs, then min for >2 yrs in '20-'21

Payments stopped when he purchased a house & I claimed bankruptcy. Per DHHS I should have received tax returns, partial covid pymnt. He owes over $100k. Both kids are now over 19. How do I know DHHS is doing anything (already asked a couple times) and what recourse do I have? He states he got... View More

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

You can review the court file to see the dates of any orders of modification. You can access the child support case file info online (for a fee) through the Nebraska Supreme Court's eservices website:

https://supremecourt.nebraska.gov/e-services/case-information-eservices

You...
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2 Answers | Asked in Contracts and Real Estate Law for Nebraska on
Q: My room mate left March of 2022. Hasn;t takeen her name off the lease. I"ve been paying rent in full. How do I recover t

How do I recover that money and get her off the lease. She resides in Houston Texas now.

Anthony M. Avery
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answered on Jul 27, 2023

It will be expensive and difficult to sue her now in TX, which will require a TX attorney. If you get a Judgment, then collection will be difficult. She probably knows this.

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1 Answer | Asked in Family Law, Child Support, Civil Litigation and Health Care Law for Nebraska on
Q: My ex sent me bills for our daughter and I paid them. She did not include discounts. Can I file fraud charges?

I was billed $3600 and told that financial assistance wasn’t available and that the total was including insurance discounts. After reaching out to the hospital it was determined the total was roughly $400 and she didn’t even make a single payment. Now she’s taking me to court for contempt... View More

Julie Fowler
Julie Fowler
answered on Jul 25, 2023

If you feel a crime has been committed, you could try filing a police report but it would be up to law enforcement/prosecutor whether the circumstances meet the criteria for the State to be willing to file criminal charges. Sometimes if they feel the matter may not meet the criteria and could be... View More

2 Answers | Asked in Family Law for Nebraska on
Q: If an 18 year old in Nebraska moves out of the parents home, are the parents required to financially support them?

18 y.o. expects parents to pay for an apartment for them.

Julie Fowler
Julie Fowler
answered on Jul 24, 2023

In Nebraska, the age of majority is 19 years old. Thus, a 18 year old is still subject to the parent's rules and decisions and the parents continue to have a duty to support.

However, Nebraska statute section 43-2101, specifically states that an 18 year old is legally responsible...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: Will a misdemeanor fall off my record?

I have a misdemeanor for property damage: vandalism from 2018. I'm curious if this will ever fall off my record or if I could go through the process to get it expunged?

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

These type of adult convictions don't fall off your record. Your options are generally either a set aside or a pardon. If you have been law-abiding for a longer period of time and the conviction was a misdemeanor, you may be a good candidate to ask for the Court to "set aside" the... View More

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1 Answer | Asked in Business Law, Contracts and Employment Law for Nebraska on
Q: We get bonuses for meeting certain goals, contract it says one has to be active employee to receive bonus, do I qualify

Worked end of quarter as a store manager Kwik shop however I left before 60 days where bonus is given, contract is for incentive and retention would I be able to get my bonus

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It depends on the specific terms of your contract or bonus. You would need to consult with an attorney directly and review the specific terms and documents in your situation.

1 Answer | Asked in Civil Litigation for Nebraska on
Q: If I forget my keys in my car and it is stolen can I get a ticket for leaving them ?

answer via email if you can please

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It generally isn't illegal to leave your keys in the car by accident. However, it could be under certain facts. For example, certain forms of insurance fraud. There also may be a civil liabilty component if you are seeking compensation for your stolen vehicle. You should consult with an... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: If I want someone to leave my home (like a party guest, only there for the night, a few hours at most) , what can I do?

Imagine this guest as like someone who came to watch a football game or a barbecue guest. Let’s say that said person and I argue and I tell them to leave and they refuse. I repeat myself and they refuse again , now becoming aggressive to me. What is my legal right to defend myself and also make... View More

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

If you engage with the person physically, you may be charged with assault. If a visitor has overstayed their welcome and refuses to leave, you can call law enforcement. Often law enforcement can convince the person to leave. If not, charges such as trespassing, distrubing the peace, etc. are... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Been separated from husband several years but not legally divorced. He recently married another woman...this legal?
Julie Fowler
Julie Fowler
answered on Jul 1, 2023

You can't legally marry in Nebraska if you are already married. The second marriage would be void.

It is possible that a person is divorced and not know it. For example, if a spouse can't find the other spouse to serve them with the divorce, the Court can allow a person to serve...
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