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Tana Marie Fye

Tana Fye’s Answers

28 total

  • What's the best plan of action against a strangulation and 3rd degree domestic assault?

    Brothers girlfriend went to his place and started arguing with him, he ignored her and left her arguing by herself. She called the cops on him and they took him in for strangulation and domestic violence. He's called the cops on her before and h...

    Tana’s Answer

    Your best plan of action is to hire an experienced criminal defense attorney to represent him. These cases are incredibly fact specific, so no site like this can ever give much help on them.

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  • Misdemeanor theft in NE, can I get the charges dropped without diversion?

    First offense, amount stolen was under $80. I have a job and go to school full time. I don't want to do diversion, as I am worried it will be for more than six months. Can I get a month diversion? Or do I have to do all six months?

    Tana’s Answer

    You need to hire an attorney to give you advice about your particular case and options. This isn't a question that can be answered in a forum such as this one, as criminal cases are very fact specific.

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  • What are my chances of going to jail for "Petty theft under $200/Theft by Deception" in the state of Nebraska?

    I am a 24 year female. I was caught stealing food/items from my own place of employment. I am currently attending college full-time (monday-friday) and live paycheck to paycheck. I have no prior criminal history.

    Tana’s Answer

    It depends on the specific facts, where your case is being heard, who your judge is, and who the County Attorney is. I'd suggest retaining an attorney immediately, or requesting court appointed counsel.

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  • What are possible consequences for destruction of property

    punched a car window while drunk do not remember everything that happened

    Tana’s Answer

    That sounds like an offense called Criminal Mischief, but the penalties depend on the amount of damage. You'll probably have to wait and see what you're charged with. Plus your criminal history (or lack thereof) and other things can factor in. Ultimately you should hire a lawyer.

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  • What do we need to do for legal guardianship over a new born given to us by a friend

    the father wants nothing to do with the child the mother wants us to take care of the child and raise it we will eventually do an adoption however at the moment can not really afford that so we want to do a legal guardianship

    Tana’s Answer

    I'd suggest contacting local area attorneys who do both guardianships and adoptions. The cost difference may not be as significant as you may think, and the processes are similar. Additionally just because the bio-parents can't or aren't able to care for the child right now doesn't mean that this will always be the case. You will certainly get attached to the child, and the child to you. Disrupting that later if the bio-parents change their minds would be possible with a guardianship, but not with an adoption.

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  • Can one argue to the court that drug possession is a victim less crime therefore not really a crime at all

    If one is not suffering from addiction and no one is harmed by the drug possession how can it be a crime against society

    Tana’s Answer

    You can argue whatever you wish, but this argument will get you absolutely nowhere. The legislature has the power to decide whether something is a crime.

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  • What is likely to be my punishment for first time third degree domestic assault?

    I am a 19 year old female and have only had prior MIPS in the past on my record this is my first time getting a domestic assault charge and it is third degree. Will I get jail time or just a fine? There is a no contact order between my parter and ...

    Tana’s Answer

    First, make sure you are not having contact with him if there is a no contact order in place. If he'd like to have the no contact order withdrawn, he should write to the court and request that that order be lifted. Beyond those two issues, you'll really need an attorney (either retained or court appointed), as your questions are very fact specific. No one on a forum such as this one could really give you good guidance about what could happen and what to expect.

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  • What are the consequences for a 2nd violation of probation charge in nebraska?

    27 yr old female on probation for 3rd degree domestic assault. no history of violence. never been charged with anything before.

    Tana’s Answer

    With a second probation violation filing, you're probably looking at jail time. You should retain an attorney or request court appointed counsel so that the amount of time can potentially be minimized and any extenuating circumstances can be presented.

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  • I was charged with accessory to shoplifting how can they do this if we did not have anything when searched?

    Walmart stated they had footage that saw us entire an asile with some curling irons and exited without them this one employee went on to say she personally saw my child put them in her pursue as we exited the store she stopped and threatened us si...

    Tana’s Answer

    You need to either retain an attorney or request court appointed counsel. It is not clear from your description exactly what occurred, and therefore it would be difficult to tell you in this type of a forum whether you'd have a defense.

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  • I got a M.I.P. the other day but the officer put down on the ticket that im under 19, but im 20. could i get this dismissed??

    i blew a .022 n i was drinking at home but got pulled over. i wasn't driving..

    Tana’s Answer

    You may have a defense based on drinking at home, since drinking somewhere other than your home is an element that the State would have to prove. You likely would not have a defense based on the officer just writing you age down incorrectly; rather the State can just amend that. You should hire an attorney or request court appointed counsel.

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