Nebraska Criminal Defense Legal Questions

You will not automatically dismissed, but you definitely have some arguments that can be made based on the mitigating circumstances. You should contact a DUI lawyer in your city to discuss your options. Technically, you were driving under the influence; the questions is whether officers had probable cause to stop you, and if they did, do the circumstances merit you being given a break.... Read Answer

At 15, your daughter is a minor and any "charges" brought against her would be in the nature of a juvenile delinquency petition in the family division of circuit court. Since she is not 17, she cannot be sent to jail. She could, however, as part of a final disposition, be sent to either a secure or non-secure juvenile detention center. Typically, however, if this is her first offense, she would be put on probation with certain restrictions and requirements which may include random drug testing and a strict curfew. In a juvenile delinquency proceeding, your daughter would have the right to an attorney, either retained by you or her or appointed by the court if she could not afford an attorney. If you want further information, contact us.... Read Answer

Nothing special. You are still going to be charged with DUI, the officer was just nice enough to cite you rather than arrest you. You should have a first court appearance date written on the bottom left-hand corner of your citation. That is your arraignment date. Arraignment is when the judge reads you your rights and you enter your first plea (i.e. guilty, not guilty, no contest). If you enter a not guilty plea, your case will be set for trial. You should contact a lawyer before going to court. Also, you only have ten days from your citation date to send in your request for an ALR Hearing to the DMV.... Read Answer

Sounds like a clear violation of your rights. I am sure that you are right and the only reason you were pulled over was because of the CA license plates. The problem is civil lawsuits are about damages (i.e. injury, medical bills, pain and suffering, embarrassment, etc.). Probably, your only damages are inconvenience and annoyance and are not worth filing a claim over. You can always file a complaint with the law enforcement agency.... Read Answer

In July, 2010, the Senate passed the Fair Sentencing Act of 2010 (S. 1789). As the House of Representatives had already passed the bill, it went directly to President Obama for his signature. President Obama signed the bill into law on August 3, 2010. The law provides for a reduction in penalties for federal offenses involving crack cocaine. It does not affect penalties in state court or sentences for drugs other than crack cocaine. Under the old law, the penalties for crack cocaine were 100 times more severe than the penalties for powder cocaine. Also, possession of 5 grams or more of crack cocaine required a mandatory minimum prison term of 5 years. For powder cocaine offenses, only offenses involving 500 grams or more required a 5-year mandatory minimum sentence. Under the new law, the disparate penalty ratio between crack and powder cocaine was reduced from 100:1 to 18:1. The mandatory minimum penalty for five grams of crack cocaine was removed. Thus, it now takes 28 grams of crack cocaine instead of 5 grams to trigger a 5-year mandatory minimum sentence, and 280 grams instead of 50 grams of crack cocaine to trigger a 10-year mandatory minimum sentence. The powder cocaine penalties remain the same: 500 grams of powder cocaine (18 times more than crack) requires a 5-year mandatory minimum sentence and 5 kilograms of powder cocaine (again, 18 times more than crack) trigger the ten year mandatory minimum penalty. The new law applies to crack cocaine offenses committed on or after August 3, 2010. The reductions do not apply to those already sentenced by that date. In other words, as of now, the law is not retroactive and does nothing to help those in prison when the law passed. The only way those sentenced before August 3, 2010 would be able to benefit from the reduction is if Congress passes (and the President signs) a new law that specifies the changes are retroactive. While efforts are underway to find a sponsor for such a bill, it is unlikely such a bill would pass in the short term. Also, it is believed that November, 2011 is the earliest date the Sentencing Commission could make a permanent retroactive change to the crack cocaine guidelines so that those already sentenced would benefit, and there is no guarantee it will do so. As for people awaiting sentencing on federal crack cocaine charges on August 3, 2010, the situation is more complicated as several factors come into play, such as exemptions from mandatory minimum sentencing laws for those who cooperate with the Government. If you were awaiting sentencing on August 3, 2010, you should discuss the possibility for relief with your attorney. The U.S. Sentencing Commission estimates that 3,000 people a year will benefit from the reduction in the new law and the average crack cocaine sentence will be 27 months shorter.... Read Answer

corpus is a procedure under which a federal court may review the legality of an individual¿s incarceration. Federal courts can review state court judgments, however, there are strict time limits within which a prisoner must petition the federal courts for relief. Since the passage of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA, there has been a one-year limitation period for habeas corpus petitions. Generally, this means that a person in custody pursuant to a state court judgment must file their petition within one year after the judgment becomes final. The judgment becomes final either at the conclusion of direct review or the expiration of the time for seeking such review. Generally, a judgment of conviction becomes final when the Supreme Court has had an opportunity to review the case or the time for seeking review has expired. If you have sought a Petition for Writ of Certiorari in the U.S. Supreme Court, the judgment and sentence become final on the date the Supreme Court denies the Petition for Writ of Certiorari. Your habeas clock runs from that date. (There are a few exceptions for claims based on newly discovered evidence, newly recognized constitutional rights that are retroactive or the removal of a state¿s illegal impediment to filing.) In the event you file an application for state post-conviction review , the one year time period is tolled while review is pending in the state courts. The clock is stopped, but will begin to run again on the date the state supreme court denies certiorari review in the post-conviction proceeding, or the time to file a petition for certiorari review in the state supreme court expires. Even if the one year time period has expired, in limited circumstances there may be a chance for relief under the doctrine of ¿equitable tolling.¿ Circuits that recognize equitable tolling allow late filings in rare circumstances where a prisoner has "diligently pursued" his federal claims and "extraordinary circumstances beyond his control" prevented filing within the one year time period. This is a very complicated area of law, and if you are contemplating seeking habeas relief, you should seek the advice of an attorney with substantial post-conviction experience immediately, since ¿the clock¿ may be running.... Read Answer

Unfortunately, the answer is no. Under the laws existing today, all non-citizens (including those here legally and illegally) will be deported following a conviction for a felony drug offense. If a jail sentence is imposed, the defendant will have to serve the sentence before being deported--unless he or she arranges through a prisoner transfer treaty to serve the sentence in their home country. The INS will place a detainer or hold on your fiance at the jail where he is serving his time. At the end of his sentence, he will be transferred to INS custody and deported. The penalties for illegally entering the country after being deported are very severe. Many immigration groups are working to try and change these harsh laws--particularly to allow an exception for legal residents who have resided in the United States with their families for many years. It is highly unlikely any exceptions will be made for those who were here illegally at the time of their crime.... Read Answer

No. The juvenile court system only applies to those under the age of 18 at the time of the offense. If your son\\\'s were over the age of 18 at the time of the alleged crime, they will be tried in the adult system as adults. Their status as students receiving financial support from parents does not affect this. Even if they lived at home they would not be considered juveniles once they reached the age of 18. Further, even if your sons were under 18, in Nebraska and many other states, they could be tried as adults for felonies, since both the juvenile and adult district courts have what is called \\\"concurrent jurisdiction\\\" of juveniles under age 18 who have committed acts which are felonies. The penalties for marijuana possession in Nebraska vary according to the amount. For amounts under one ounce, the offense is an infraction and the penalty is a fine of $100.00. If the amount of marijuana is between one ounce and one pound, the offense is a misdemeanor. Amounts in excess of one pound are felonies. The more serious charge is possession with intent to distribute marijuana. In most states, including Nebraska, this is a felony regardless of amount. The intent to distribute can be established by circumstantial evidence, such as the amount of the substance (if greater than that which would be considered normal for personal use), any equipment and supplies found with the marijuana, the manner of packaging and/or the testimony of witnesses. Your sons need competent legal advice, and I recommend you seek out an experienced state criminal defense lawyer in your area.... Read Answer