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Bell Island

Bell Island’s Answers

121 total


  • "Disregarding a barricade" - Issued court date, what do I plead/can I fight it? I was cited, but cop drove past men fishing??

    I was looking at flood damage. There was a small barricade but didn't say "road closed" like other areas & no water on rd so I thought it meant caution. I drove around it, parked, took one picture and a police officer came down the road and ended ...

    Bell’s Answer

    You may be eligible for diversion. Depending on your county attorney, they may be willing to work this out without a conviction. You will want to plead not guilty and discuss this with an attorney. At a minimum, you will want to set this for trial to explain that you did not know you were avoiding a barricade.

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  • How much time would i get for my first offense child abuse charge

    I have a delivery charge Plus felony check fraud I got a 1- 3 for the delivery charge 3-5 check fraud felony

    Bell’s Answer

    As always, it depends. The injury to the child, the crime you are convicted of, and the extent of your criminal history. If all the charges are part of one offense, or are pending, your attorney may be able to work out a resolution on all charges. You should make sure that you hire an attorney who is a member of the Nebraska Criminal Defense Attorney's Association or the National Criminal Defense Attorney's Association to discuss the charges, your defenses and how you should approach the trial.

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  • Im in NE i was drunk was not driveing i flipd off a cop he pulled me over an gave me a disordlely conduct charge is that real

    i was told that it was stupid to do but not a crime

    Bell’s Answer

    You may want to wait until you appear in court. This should not be a crime, unless there is a city ordinance covering this conduct. However, once you appear, it a charge is filed, you will want to contact an attorney who focuses on criminal law. You should look for a member of the NACDL or the Neb. Criminal Defense Attorney's association.
    In the mean time, you should only discuss this case with your attorney.

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  • DUI 2nd offense help.

    Had a drink with dinner around 6:30-7pm. Got pulled over between 11-11:30pm for a front license plate being in the windshield instead of on the bumper. Charged with a DUI, blew a .10. First DUI was June 2008. What can be the outcome? Can the DUI c...

    Bell’s Answer

    Breath test are inherently unreliable. In addition, there may be constitutional issues as well. You should contact an attorney who focuses on DUI, preferably someone who is a member of the National College of DUI Defense.
    Remember you only have 10 days to protect your license from being administratively suspended. One your license is suspended, it is a felony to drive for any purpose.
    In the meantime, you should not discuss this case with anyone except your attorney.

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  • What are the penalties for driving under suspension, first and subsequent offenses?

    i cant seem to find anything clear online. also what is the lookback period on driving under suspension?

    Bell’s Answer

    It depends on what type of suspension it is. If it is a suspension and not a revocation, then it generally is a class III misdemeanor for a first offense and if the license is reinstated, then the court can only impose a $100 fine. If it is based on a DUI revocation, it is a Felony. There is no lookback period limitation and all priors may be used to enhance.
    You should contact an attorney who focuses on Criminal Defense and is a member of the Nebraska Criminal Defense Attorney's Assoication.

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  • If i got a minor in possession of alcohol in Lancaster County, NE and i want to take diversion but my court date is tomorrow..

    Is it still possible for me to take diversion?

    Bell’s Answer

    • Selected as best answer

    You should contact the diverson program at the County Attorney's Office and see if they will still alllow you to enroll. You may have to pay the court fees for filing, but they may allow you to enroll. You may even want to ask them about entering diversion at the arraignment.

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  • Can you ever get a misdemeanor offense that was dismissed off your permanent record in the state of Nebraska?

    I left my 4 and 6 year old in the locked car for just a few minutes and was charged with child neglect. The case was dismissed, but it appears on my records. Is there anything I can do to get this totally expunged from my record?

    Bell’s Answer

    A person can seek an expungement if they were wrongfully arrested. A wrongful arrest occurs when the person should never been arrested or charged to begin with. If the person believes this is the case, then they can petition the court for an expungement.
    The mere fact that a dismissal was filed does not mean you can obtain an expungement. You should also make sure you are not on the abuse neglect registry with the Department of Health and Human Services from this incident.
    If you wish to pursue an expungement an attorney who specializes in Criminal Defense should be able to help you.

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  • I have a meeting with an investigator. Should i admit to theft or just deny it completely?

    an item was stolen from my job and im the suspect. There is video evidence of me moving the item but no evidence of me concealing it on my person.

    Bell’s Answer

    You should tell the police that you do not wish to talk to him without an attorney. You should make no statements without first consulting with an attorney. You should look to hire an attorney who specializes in criminal law, preferably one who is a member of the Nebraska Criminal Defense Attorneys Association

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  • If you are convicted of a class 3A felony what are your changes of getting probation?

    My fiance has been charged with possesion with intent to deliver. The DA is offering him a Class 3A felony conviction which carries a 0-5 yr sentence. What are his chances of getting probation? This is his 1st offence.

    Bell’s Answer

    As in every case, it depends. There may be good chance of obtaining probation, but it depends on the crime, the victim, the damages, the prosecutor and the judge. That being said, you best option is to hire an attorney who specializes in criminal defense and is a member of the Nebraska Criminal Defense Attorneys Association. Brad Roth, Matt Kosmicki and Sean Brennan are all experienced criminal defense attorneys in Lincoln, Nebraska.
    In the mean time, you should not discuss this case with anyone other than your attorney, this includes friends, family and girlfriends.

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  • How much is a fine for first dui?

    I was sitting in a parking lot with the keys on the dash. and a cop pulled up with out lights on. and walked up to my car and told me to get out and he arrested me for dui.

    Bell’s Answer

    The fine is $400-$500, but that is the least of your concerns. Even a first offense carries the loss of driving privliges for 60 days to six months, and jail from 7-60 days. This assumes you were not over .15, which can increase the penalties.
    Based on these facts, you should consult with an attorney who focuses on DUI and can guide you through the administrative process as well as the criminal one. You may have been improperly contacted and arrested. If that is the case, then you cannot be convicted.

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