Some types of law enforcement activity violate the law or the civil rights of individuals. For example, mass enforcement efforts might violate someone’s right to be free from unreasonable searches. Particularly when police officers indiscriminately detain people or search people without cause, their conduct could be a violation of people’s rights. It is common to question the legality of blanket attempts at enforcing the law, especially if those efforts lead to someone’s arrest. Checkpoints are potentially very efficient ways to screen people for impairment while driving and other issues, such ..read more

In many instances, couples agree that they should get divorced. They may try counseling or a separation first. But in the end, they know that it’s time to get divorced and they move forward to do so together. But there are other situations in which one person wants a divorce and the other does not. You may be considering filing, but your spouse may be opposed. Is it possible for them to stop the divorce just because they do not want to allow the marriage to end? No-fault divorce laws There is good news. Thanks to no-fault divorce laws, you don’t have to prove that your spouse did anything to c ..read more

Being charged with a crime can be quite stressful and overwhelming. When faced with multiple charges stemming from a single incident, you might wonder, is this legal? In Nebraska, prosecutors have the discretion to file multiple charges against a defendant for their actions. But is there a limit? Familiarizing yourself with the legality of charge stacking can help you understand what this reality might mean for you. What is charge stacking? Charge stacking refers to the practice of bringing multiple criminal charges against a defendant for what is essentially the same underlying conduct. Prose ..read more

Most people expect the property division process to go on smoothly when they decide to divorce, but it’s not always the case. Several issues can complicate matters and get in the way of a fair settlement. If your divorce settles and you get less than you deserve, that can affect your financial future and security. To better ensure smooth sailing and protect your interests, it helps to be wary of potential hurdles when dividing the assets you’ve acquired as a couple. The following are a few of the most common. Hidden assets Your spouse may try to conceal assets to avoid dividing them. This can ..read more

When a police officer pulls someone over, they need to have a reason to do so. It can be minor. For instance, someone could technically be pulled over for driving just slightly above the speed limit or for executing a turn without using their blinker. The key thing to remember is that the officer doesn’t know for sure that the driver is impaired in advance. So they need to have some other reason to stop the car, and they can then check for signs of impairment. But they cannot conduct random stops and force these drivers to go through breath tests or field sobriety tests. There has to be a reas ..read more

Property rights have strong protection under Nebraska law. Individuals and businesses should not have to worry about others misappropriating or stealing their resources, and if someone does, the state can take action. Theft is among the most common crimes prosecuted in Nebraska. Some people rob other individuals or burglarize residential properties. Countless others shoplift from businesses. Nebraska defines shoplifting as the attempt to misappropriate resources from a business. Leaving a store without paying for merchandise or taking steps to do so could lead to someone’s arrest and prosecuti ..read more

The state of Nebraska usually supports child custody arrangements in which both parents actively participate in their child’s upbringing following divorce or a nonmarital split. The courts take children’s best interests seriously, which means mothers are not automatically preferred above dads, or vice versa. However, there are times when one parent – regardless of their gender – is simply unsuited for this position. Should your former partner’s conduct or inactivity jeopardize your child’s welfare, you have the option to ask the court to reevaluate the current custody and parenting time schedu ..read more

Financial crimes are often very complex and intricate matters. They all share financial gain as the common motive. Because of the nature of these crimes, they’re often associated with considerable evidence that can make these cases difficult as they move through the criminal justice system. Money laundering and embezzlement are two specific crimes that fall under this umbrella. Each of these has unique legal considerations. While money laundering involves disguising illegally obtained funds as legitimate, embezzlement refers to the misappropriation of funds entrusted to someone’s care. Underst ..read more

Is the new year bringing changes in your life that require you to be away from your child and co-parent for stretches of time for business or other obligations or maybe even to live some distance away? You’ll probably need to modify your custody order and parenting plan.  It’s crucial to have clear provisions for communication with your child in your parenting plan. Being a long-distance separated or divorced parent means that you have to work harder to maintain a close relationship with your child when you can’t always be there for them in person. Fortunately, there’s plenty of technolog ..read more

For most of human history, eyewitness reports have been used when people are accused of crimes. But in the last few decades, DNA evidence has been developed. This DNA evidence has proven that witnesses are often wrong in their accounts of what took place, as many false convictions that are overturned by DNA were initially made due to inaccurate eyewitness testimony. Why do eyewitnesses make these mistakes? There are numerous potential reasons. Memory is malleable First of all, memory is not static or permanent. It’s not like a video recording. It is malleable and it can change over time. Each ..read more