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He was on the side of the road and heard me hit the rumble bars and flipped around to follow me then pulled me over for dui.
answered on Sep 3, 2024
Driving erratically can generally be a legal basis for being pulled over. Specifically driving out of a designated lane onto the shoulder where the road is serrated may give an officer probable cause to follow a vehicle and initiate a stop. The officer’s observations of how the vehicle was... View More 
I was detained, brought to the backroom, questioned, and cited in Scheel's recently without them reading me my Miranda rights. I was on my lunch break with a co worker and we stopped to grab some darts, a part for his gun, and some new boots. I had grabbed a few packs of dart flights, a set of... View More
answered on Sep 3, 2024
Not necessarily. It isn't an automatic dismissal for not having your rights read. However, under the facts you describe, you may have a valid motion to suppress. Further, if you didn't pass the point of sale, you may be able to get your charges dismissed, depending on the overall facts... View More
I was seeing my grand daughter just about every day now I can’t see her because my daughter won’t let me because she is mad
answered on Sep 3, 2024
You may be able to bring a case for grandparent visitation rights.
It would be your burden to prove by "clear and convincing evidence" that you had a significant beneficial relationship with the child. You would also have to should that it is in the child's best interests... View More
If the custodial parent passed away and a temporary guardianship is given to a family member, does the non custodial parent have rights to receive custody of their child?
answered on Sep 3, 2024
If one parent passes away, generally custody goes to the surviving parent. However, there are exceptions to this. If the Court has entered a temporary guardianship order, then the Court has granted custody to a third-party instead of the surviving parent. If the surviving parent wants to fight... View More
answered on Sep 3, 2024
If a person is charged with child abuse, they will be entitled to court-appointed counsel if they can't afford their own attorney. Their name also is placed on the Nebraska child abuse registry. A person can be charged with child abuse for a child that is now an adult if there are still... View More
answered on Aug 31, 2024
In a divorce, Nebraska is an equitable distribution state. The facts of ownership of the home and equity one might receive in a divorce is subject to many factors. If you are going through a divorce, it is important to discuss the details with your attorney as to what marital interest you may... View More
answered on Sep 3, 2024
It sounds like you are referring to a HELOC or a cash-out refinancing. These "mortgage-type" documents states who is liable to the bank to repay the loan. It doesn't state who is owed the money from the HELOC or cash-out refinancing. Who is entitled to the money depends in part on... View More
I am employed overseas and need assistance in a transfer of jurisdiction of case from Florida to Nebraska (where the children currently reside). At the time of getting served with a notification of a Motion or suite filed against me in Florida, I was in Texas with the children over Thanksgiving.... View More
answered on Aug 29, 2024
The originating Court retains exclusive and continuing jurisdiction unless the case is moved, which requires a number of steps. The originating court (which I understand to be Florida from the facts stated here) would be the proper court to file in unless or until the matter is moved. To move the... View More
And city limits. In a totally different county and follow my vehicle 15 miles. Then sit in a parking lot across from the gas station you stopped at the get gas. With all there lights off ( which I have a picture of) and watch me pump gas
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answered on Jul 20, 2024
It's understandable to feel concerned in such a situation. Generally, police officers have jurisdiction within their own city or county, but there are circumstances where they might follow a vehicle outside their jurisdiction. This could be due to a mutual aid agreement or if they are in... View More
When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and... View More
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answered on Jun 29, 2024
This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:
1. Juvenile... View More
I am living at Omaha, NE. I'm a college student. In February 2024, the County department ticketed me for 21 mph over the speed limit, passing in a no passing zone and careless driving.
In my case, the county attorney dismissed the Speeding and the Careless Driving on the face of the... View More
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answered on Jun 19, 2024
When filling out the N-400 form, it's important to disclose all information about any citations or offenses, even if they were dismissed or reduced. For questions 15a and 15b, you should answer "yes" since you were cited and charged initially. You should then provide an explanation... View More
answered on Jun 12, 2024
If a friend borrowed money from you (to make bail or otherwise) and did not pay it back as promised, you can potentially bring an action against them to force them to follow the terms of your agreement.
If the dollar amount is lower, you can potentially bring the action in Small Claims... View More
My ex has asked to give up rights and tells everyone that the kids are not his. They don't even know who he is. I am worried if he ever does come around that it will cause a lot of harm to the kids because he is basically a stranger. He currently has a protection order on him from his recent... View More
answered on Jun 12, 2024
If there has been a material change in circumstances, you can file a modification action to ask the Court to change the parenting time provisions. If the other parent has been an absent parent for many years, this could include requesting a change to require supervised parenting time or some type... View More
I was cited for willful reckless driving for speeding on my motorcycle in Nebraska. I have a 360 camera attached to my bike to record rides. The deputy said he was officially confiscating my camera so I handed it over. Did he violate my rights?
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answered on Jun 10, 2024
Law enforcement officers can sometimes confiscate items if they believe the items are evidence of a crime. In your case, the deputy may have believed that the footage on your 360 camera could be used as evidence related to the reckless driving citation. However, this does not mean that your rights... View More
Ex convicted of 64 felony burglaries in2014. I had no knowledge but have been told the cops know exactly who I am and know all about me. They want me to leave town again and I can’t afford to. Never questioned or informed of why they think I was involved and they won’t give me a reason. I’m... View More
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answered on Jun 10, 2024
I'm sorry to hear about the difficulties you're facing. The first step you should take is to consult with a defense attorney who can help you understand your legal rights and protect you from further harassment. An attorney can communicate with the authorities on your behalf and seek... View More
I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More
answered on May 23, 2024
Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More
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answered on May 19, 2024
If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More
answered on May 23, 2024
It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More
I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?
answered on May 17, 2024
A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US with permission. This is true even if they overstayed their visa. If the case is handled correctly, their cases won’t get rejected. Retain an immigration lawyer who will process the case so it goes smoothly... View More
I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?
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answered on May 17, 2024
If your parents' visa application is rejected, it does not automatically lead to deportation. Deportation typically occurs when someone is already in a country without proper authorization or has violated the terms of their visa.
If your parents are currently outside the country for... View More
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