The mother of my fiancé's son broke into our home and stole our dog, she is charged with criminal trespassing in the 1st degree and criminal mischief in the 2nd degree. We have a history of conflict with her, she assaulted both of us July of last year. We also have numerous texts messages saying she is not allowed at our property and her saying she would come here either way. She also admitted to the cops that she did break in. She plead not guilty and have a bench trial. This is all in Nebraska and she also has no prior convictions
Can't accurately predict the chances of jail time as it depends on many factors. Charges are often modified. However, with no prior convictions, jail time is less likely. If convicted, probation would be a viable option.
She is quite lucky that she did not get charged with burglary. If her luck continues, she will not do any jail time, but might be on probation for at least a number of months. Make sure that there is a no contact order in place criminally, or see a civil lawyer about getting a restraining order.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
I assume she was given a no-contact provision as part of her bond, but you can seek out a protective order against her even after the trial.
Please disregard any AVVO reference on their website indicating "Free Legal Advice". The information I provide does not constitute legal advice, but is offered only for general educational purposes. Any answer I provide does not create an attorney-client relationship. For legal advice, you must retain an attorney to work on your behalf. THIS ANSWER IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline