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Adult felony charges to be faced by juvenile

Nebraska residents who hear about minors being arrested for crimes regardless of the nature of those offenses often assume that a person under the age of 18 will be charged as a juvenile, especially if they are two, three or more years younger than 18. However, that is not always the case as can be seen in some recent situations in the state.

Nebraska's age of consent and sexual assault

When it comes to understanding alleged sexual crimes involving teenagers, one thing that people in Nebraska need to understand is what the state considers the age of consent. This is one area of law that differs from state to state. According to the Age of Consent, the state of Nebraska has identified 16 as the age at which a person is legally able to participate in sexual activity.

Children may face criminal charges for bullying

Many people would say that bullying is an inevitable part of life. Parents, school administrators and students have taken steps in recent years to bring awareness to the problem of bullying and to prevent it, but the fact remains that some young people in Nebraska and elsewhere will participate in teasing, threatening or harming others. It is important for parents and students to understand that some types of bullying can be seen as a crime and may result in serious charges.

Internet prank results in innocent man’s death

There is a new culture that has sprung up in the decades since the Internet became a part of nearly everyone’s lives. Social media, news article comment sections and online gaming forums have lent a sense of anonymity to most of the people who interact in these areas. For many residents of Nebraska and elsewhere, the ability to comment and interact with strangers without disclosing one’s identity may also create a false sense of security. Some may reason that they can say what they want, while others may take things further and commit an online crime without fearing reprisal.

Understanding manslaughter and murder in Nebraska

If you are facing charges related to someone’s death, you could be understandably worried about the potential consequences. Depending on the circumstances, there are varying degrees to the charges you might face for murder or manslaughter in Nebraska. At Monzón, Guerra & Associates, Attorneys At Law, we feel is it important for you and others to understand the differences.

What is a plea bargain?

After a felony charge in Nebraska, you could be expecting a prolonged courtroom battle that keeps you from returning to your life for months, or even years, if you are convicted. The American Bar Association explains that depending on your circumstances, a plea bargain may be an option that allows you to skip the trial and negotiate a potentially better outcome with the prosecution.

What are the different classes of felonies in Nebraska?

You likely know from having heard news stories in Lincoln or seen in other forms of popular media that not all criminal offenses are created equal. Yet if you or a loved one have been arrested and charged with a felony offense, are you aware of what may in store for you and your family or friends? Having that knowledge may help better prepare you for the actions that could be to come.

Nebraska Legislature Overrides Veto in Repealing Death Penalty

The 40 years of work put in by Omaha Senator Ernie Chambers to repealing the Nebraska death penalty was realized in late May when the state legislature voted to overturn a gubernatorial veto of Sen. Chambers' bill, LB268. While Governor Pete Ricketts and state Attorney General Doug Peterson both expressed considerable disappointment from the veto override, citing the death penalty as necessary for law enforcement to be most effective. The 30 votes exactly needed to override a veto came in, including from potential swing-voter Senator Tyson Larson who reported having a heavy conscience over the matter. 

Nebraska Legislature Overrides Veto in Repealing Death Penalty

A petition by the Obama administration to grant emergency deferments of illegal immigrants and offer them work permits was shot down in a 2-1 vote by a 5 th Circuit Appeals Court on May 26. Texas and 25 other states have filed lawsuits against the administration over the president's executive action to grant an automatic stay for illegal immigrants, calling Obama's move unconstitutional. 5 th Circuit Judge Jerry Smith remarked that Texas would be excessively burdened financially if forced to give driver's licenses to immigrants who were eligible for deportation deferral. 

Death Penalty Ban Looks to pass Legislature, Override Veto

The Nebraska state legislature passed a bill effectively banning the death penalty on Wednesday and did so by a wide enough margin to override any veto by the governor. LB268 was sponsored by Senator Ernie Chambers and was approved with a 32-15 majority which followed two hours of debate and a filibuster. While the governor claimed the death penalty retained "overwhelming support" in Nebraska, the bill would replace it with a life sentence instead. If Governor Pete Ricketts does veto the bill, 30 votes will be needed for an override. 

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