Few criminal charges can impact a person’s life as quickly and as thoroughly as being accused of a sex offense. Just the mere allegation of rape or sexual assault can have a profound negative affect on your professional and personal life. If you have been accused of a sex offense you may need to know the answer to the question “ Is consent a defense to sexual assault or statutory rape in Nebraska? ” Although it may help to have a basic understanding of how and when consent can be used as a defense to a sex offense it is
In order to be convicted of any criminal offense the State of Nebraska must prove each and every element of the offense beyond a reasonable doubt. For many offenses, one of those elements is “possession” of some type of contraband. When “possession” is an element the prosecutor can prove that element by proving that you had actual or constructive possession of the item in question. What is constructive possession, you may be wondering. Knowing the answer to that question is critical if you have been charged with a criminal offense that involves possession as an element. In Nebraska, like other
Continue Reading What Is Constructive Possession?
In the State of Nebraska the criminal offense of assault can be charged as a misdemeanor or as a felony. Whether you are charged with a misdemeanor or a felony is important if you are facing charges for assault as it could mean the difference between facing a maximum sentence of one year in jail or a minimum sentence of one year in prison. Assault is one of many criminal offenses that includes a victim. As a defendant your goal is to get your charges dismissed entirely — or reduced in the alternative. This frequently leads to the question “
There are basically two ways in which an arrest is made. The first occurs when the police are called to the scene of a crime, or witness a crime in progress, and make an arrest right then and there. The second happens after a lengthy investigation by law enforcement. When the police are investigating a crime and they have a suspect the suspect often is aware they are under suspicion. If you ever find yourself in that situation you may wonder “ Do I need a lawyer before I am charged? ” The simple answer is “absolutely!” In fact, hiring
Continue Reading Do I Need a Lawyer before I Am Charged?
If you have recently been arrested in the State of Nebraska and are awaiting a decision by the prosecutor’s office to find out if official charges will be filed against you it is likely you have lots of questions. One of the questions you may have is “ How does the prosecutor decide which cases to pursue? ” While a simple, universally applicable, answer to that question does not exist, a better understanding of the charging process and the factors that typically go into deciding which cases to pursue might be helpful. When you are arrested the law enforcement officer
Continue Reading How Does the Prosecutor Decide Which Cases to Pursue?
Thanks in large part to Hollywood, the word “ conspiracy ” is a common word in the English language. Unfortunately, however, Hollywood has not always done a very good job of portraying the word accurately. “Conspiracy” is an actual crime in most states, including the State of Nebraska; however, the definition of the crime is more complex than it is typically portrayed in a Hollywood blockbuster or a bestselling novel. If you have been charged with the criminal offense of conspiracy in Nebraska you should consult with an experienced Nebraska criminal defense attorney for specific advice or to discuss the
Continue Reading What Is Conspiracy?
If you are currently facing criminal charges in the State of Nebraska you are likely concerned about the potential penalties for the offense with which you are charged. The more serious the offense is the most likely those penalties could include a term of incarceration. While you undoubtedly hope you are not sentenced to a period of incarceration, if you are you may be wondering “ Can I get house arrest in Nebraska? ” House arrest is essentially just what the name implies – being under arrest in your home instead of a jail facility. Nebraska Revised Statutes § 47-401
Continue Reading Can I Get House Arrest in Nebraska?
If you have an active arrest warrant it means you could be arrested at any time and in any place. Imagine getting pilled over with your family in the vehicle and going to jail or having the police show up at your home or place of business and being arrested in front of your family or co-workers. The only way to avoid this with certainty is to get the warrant withdrawn which may lead you to wonder “ Can my attorney get my warrant withdrawn in Nebraska? Under most circumstances the subject of an arrest warrant is aware the warrant
Continue Reading Can My Attorney Get My Warrant Withdrawn in Nebraska?
A 31-year-old Nebraska man who police accuse of being involved in several robberies was taken into custody on Feb. 13. One robbery allegedly occurred on the night of Feb. 12 when a woman was held up in the parking lot of an apartment. Police found the man driving in the area of Spencer and 28th, but claimed that he would not stop in response to attempts to pull him over. When a helicopter began following the man, he jumped out of his car and ran across Highway 75. Authorities then detained him. According to reports, he was carrying stolen property
Continue Reading Man Detained for Armed Robbery After Police Chase
Nebraska residents may have heard the terms theft and larceny. While they some states still differentiate between larceny and theft, they are generally the same crime. In both instances, an individual who commits theft or larceny intends to steal property and permanently keep it away from the owner of that property. To prove that theft or larceny occurred, it may be necessary to prove that an individual intended to keep the property. There are two types of theft cases that may be tried in court. The first type is petty theft, which involves crimes involving less than $1,000 in goods
Continue Reading Differentiating between Theft and Larceny