Nebraska Misdemeanor Charges – 6 Things you Need to Know (Infographic)

nebraska-misdemeanorsIf you’re kicking off the new year with Nebraska misdemeanor charges hanging over your head, a bit of knowledge and clarity about the court process may help you feel more at ease.

There are seven classes of misdemeanors in Nebraska. They run the gamut in possible sentences – from only a relatively small fine to a rather hefty fine and jail time.

Regardless of the misdemeanor charge, the process you’ll go through is the same, except with a DUI. Although the court process is the same for a misdemeanor charge of driving under the influence of alcohol or drugs, there’s also a Nebraska DMV process you’ll have to deal with.

 

Appeals

If you’re convicted of Nebraska misdemeanor charges, you may be able to appeal. However, you must have legal grounds for your appeal.

In an appeal, the higher court looks at the legal process that led to a conviction. The appeal can also address other issues like an excessive sentence.  However, an appeal isn’t a chance to present new evidence. That’s not allowed. The appellate court will only consider the trial court’s record and the parties’ appellate briefs.

Figuring out whether you have appealable issues can be complicated. You need the advice of a trusted attorney to guide you before you waste a lot of time and money. If the court sees your appeal as frivolous, it’ll be dismissed and you’ll be out of luck – and probably quite a bit of money.

It may surprise you to learn that even if you entered a plea, you may still have grounds for an appeal. Appellate practice can be complicated. As with your case, your best bet is to have a lawyer guide you in the appeals process.

Get Help with Nebraska Misdemeanor Charges Early

The best thing you can do if you’re accused of a Nebraska misdemeanor (or any crime) is to get experienced legal help fast. You can hurt my power to help you as a criminal defense lawyer if you do something to damage your case before I get onboard.

It’s best to consult with your lawyer before speaking with law enforcement or making a move of any sort.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney and criminal defense lawyer Susan Reff, visit her profile page.

Find out more about how Susan and Hightower Reff can help with your criminal case. 

If you need help with a criminal defense case, contact Hightower Reff Law todayand come visit with Partner Attorney Susan Reff at the firm’s Omaha office

Nebraska Child Custody Relocation – Guide to Removal Cases

childcustodyrelocationIf you’re contemplating a move out of Nebraska with your child in the coming new year and you have a custody order in place, you’ll have to get the court’s permission beforehand. As the name of this article implies, these kinds of cases are called Nebraska child custody relocation, or removal cases.

Nebraska child custody relocation cases can be tricky. These are some basics to help make more clear how Nebraska child custody relocation cases work:

 

No temporary orders

Temporary orders allowing you to remove your child from the jurisdiction aren’t allowed in Nebraska. That’s why there’s a faster litigation process and final hearing than in a typical family law litigation case. A faster final hearing allows families to get on with their lives as quickly as possible.

Your contribution is key in your Nebraska child custody relocation case

Whether you’re the parent requesting the move, or the one opposing it, the more evidence your lawyer can show the court to support your position, the better your chances of winning. You play a key role in your lawyer’s ability to do that. You know your circumstances and your child best and can best help your lawyer understand the key elements that he or she will need to prove to the court.

It’s especially important that you communicate well with your attorney and work side by side with them during your Nebraska child custody relocation case. That will enable them to have all the key information about your situation and present it to the court.

Get a lawyer experienced in Nebraska child custody relocation onboard ASAP

Removal cases can be hard to win. It takes an experienced attorney to navigate the sometimes murky waters of Nebraska law when it comes to proving to the judge whether moving away from their other parent is truly in your child’s best interests.

Because things usually move quickly in removal cases and in the circumstances that typically surround the need for an out of state move, it’s important to get a lawyer experienced in Nebraska child custody relocation cases on board as soon as you find out an out of state move is on the horizon – whether you’re the parent moving, or the parent on the other side of the case.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Nebraska child custody removal cases is available here. 

If you need help with a Nebraska child custody relocation or other family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

Changing Child Custody or Support Your Holiday Wish? 4 Things You Should Know (Infographic)

holiday-modification-mediumFrustrations over repeated problems can be a bigger deal during the holidays. That can be a pain, but it can also be a benefit in the long run because it can make clear to you things that need to change. Sometimes those things include child custody or child support orders that aren’t working for your family anymore. If changing child custody or support is your holiday wish, there are 4 things you should know:

 

In a Nebraska child support modification, if a parent is looking to reduce the child support they owe because their income has gone down, the court will look at what caused their income decrease. The court will also look at whether the parent caused it on purpose.

Unfitness not a necessity for changing child custody

You don’t have to prove that the other parent is unfit for the judge to grant a custody modification. Showing that changing child custody is in the child’s best interests may get the job done. For example, the court may find that changing child custody is in the child’s best interests if the parent with primary custody is no longer giving the child a stable living environment.

The court’s decision will turn on the very specific, individual facts of your case, and the needs of your children. Your attorney’s skill in clearly and effectively showing the court those things is critical.

Experienced legal support is essential

Choosing the right attorney for a Nebraska child custody modification or Nebraska child support modification is crucial. It’s also crucial to your peace of mind during what can be a long court proceeding. Having an attorney in your corner you are confident in, who gives you clear information and who is committed to your case is key.

Also remember that experience goes a long way. When you choose your attorney for your child custody modification case or child support modification case, look for a lawyer who works daily in this specialized area of the law.

Look also for a lawyer who’s familiar with the judges in your area, and how they may view the facts of your case. While no attorney has a crystal ball, or can guarantee the outcome of a case, familiarity with “the bench” in the county where your case will be heard can help your attorney know how to approach your case in the most effective way.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about how Hightower Reff can help with custody and support modification. 

If you need help with a child custody modification case, or a support modification case, contact Hightower Reff Law todayand come visit with one of the attorneys at the Omaha office. 

Reasons to Consider Settling Your Nebraska Family Law Case Out of Court

img_3340Divorce, child custody, and other family law cases are among the most emotionally intense kinds of litigation. There are several sound reasons to consider settling your Nebraska family law case out of court.

Court proceedings aren’t punishment

Going to trial isn’t a good way to try to punish or penalize your spouse for their wrongs. Nebraska is a true no-fault divorce state. That means that, in the vast majority of circumstances, your spouse’s status as a giant jerk isn’t going to have any bearing on the outcome of your case.

Also keep in mind that emotions can get the better of you during a family law case. It’s usually a really hard time in your life. Very rarely – if ever – does a trial do anything positive to ease the raw nerves or wounded feelings of a divorcing spouse or to heal a hurting family.

Different options, same outcome –  settling your Nebraska family law case

Whether you reach a divorce settlement agreement through the collaborative divorce process, mediation, or negotiations between your lawyer and your spouse’s lawyer – this infographic outlines some good reasons to consider settlement:

 

Additionally, settling your family law case out of court can save money in the long and short run. Settlement can be less expensive in the short run because it saves the costs of trial – which can be very expensive. In the long run, you and the other party are more likely to follow an order upon which the two of you agreed, as opposed to one decided by the judge. That means you’re less likely to have to spend money going back to court in future.

If you and the other party are able to reach a settlement agreement:

  • your attorneys or the mediator will put it in writing
  • both parties will sign it
  • the judge still needs to approve and sign a Divorce Decree incorporating the provisions of your settlement agreement
  • that Decree will be the court order that you and the other party must follow, unless the court modifies the order down the road

Not for everyone

Settlement isn’t appropriate in every case. However, in the majority of cases, good attorneys can help guide you along the path to reaching an amicable and fair settlement for your Nebraska family law case.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Hightower Reff’s family law practice is available here.

If you need help with a Nebraska family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office.