Nebraska Criminal Defense Legal Questions

Any lawyer, PD, or court appointed attorney, has equal standing in court. Each has the role of being able to negotiate freely with the DA for plea agreements. You need to talk to the lawyer. Open communication has to occur. I can't advise you because I don't know all the facts. Maybe the attorney is telling you that the deal he is getting is the best he can do. If you are not content with the deal he has struck with the DA, you have options limited options, one of which is to fire him and hire a private counsel. You can also have a consultation with another lawyer of your choice to get another opinion. This is going around the back of the court appointed attorney, but you can do it.... Read More

This is a gray area. The title is only in your name and as such, you own the home outright. But, you use communal money to pay the mortgage, so the portion of the house paid by communal property is jointly owned. If he was to die without a will, his 1/2 of the community property would be distributed - 1/2 of his 1/2 (1/4) to you and the remain 1/2 equally divided to the children. Your best option is to get wills drafted so the home goes to you.... Read More

Have you been paying your attorney on an hourly basis, or was the $1,000+ a flat fee? If the money you paid to the attorney was on an hourly basis for services that he has already rendered, then you won't be able to get a refund. But if it was a flat fee that was supposed to represent his work from beginning until end, yet he has not seen the case through to the end, then you may be able to get a refund of fees. It just depends on how much work he has completed during his representation of you. While another attorney can pick up where the last one left off, it will be slightly more difficult if the case has advanced to a certain degree and the new attorney has a lot to catch up on. Additionally, if the old attorney's motion to withdraw mentioned anything about the reason for withdrawal (such as the client's failure to pay), then it may be difficult to retain a new attorney.The case will not start over, and in fact will continue to move forward even without an attorney representing you. The court may voluntarily give you some time to find an attorney, but if they do not, you can always request a continuance so as to give you time to find a new attorney. I would advise looking for a new attorney immediately, as the court will only give you a limited amount of time to do so before moving forward with its proceedings.... Read More

Yes, the California courts do not have jurisdiction over a criminal offense which occurred in Nebraska. If the charge were an infraction or a misdemeanor, you could potentially plead by waiver without returning to Nebraska; however, for a felony you will definitely need to appear in court in the county where the alleged offense took place.... Read More

No, either hire a lawyer, or go to court and request a public defender for a second time. She could end up with the same penalty either way, but at least she will be prepared for what is going on. Sometimes hiring a lawyer is like going to the doctor. Often times you go to the doctor to find out what you already suspected, or that there is nothing you can do. It is still the right thing to do for safety and peace of mind, and you or your insurance carrier still get billed for the doctor's visit. Good luck.... Read More