Omaha Legal Issues Blog

Agreeing on parenting plan for the child's benefit in a divorce

On behalf of Whelan Law Office posted in divorce on Thursday, May 16, 2019.

Even when a Nebraska couple's marriage comes to an end, their relationship with one another does not if they have children together. As potential co-parents, they must come up with a child custody and visitation plan that is in their child's best interests during the divorce. Since it is hard to accept the new reality of having their children live with them for only a portion of their time rather than full-time, child custody is perhaps one of the most contentious issues in a divorce.

As a result, parents are sometimes unable to come to an agreement on the parenting plan. As per law in Nebraska, a parenting plan must be provided to the court. The parenting plan must demonstrate each parent's conviction to provide for the child's needs and their desire to continue a relationship with their child. If the couple is unable to do so, they have to inform the court and the case is then referred to either mediation or specialized alternative dispute resolution.

Was I searched illegally?

On behalf of Whelan Law Office on Thursday, May 9, 2019.

Even if you’re not doing anything illegal, dealing with the police can be intimidating. There is an inherent power imbalance, and you may not know all your rights. During these encounters, we hope that police are honest and follow the rules, but that’s not always the case.

If your interaction with police escalates to the point where you’re searched, knowing what your rights are becomes even more complicated. If police find evidence of a crime and arrest you during a search conducted illegally, you may have ground to have the case thrown out.

Theft encompasses several crimes

On behalf of Whelan Law Office posted in theft on Friday, May 3, 2019.

While many Omaha residents may think the unauthorized taking of another person's property is theft, the truth is that methods used and amounts taken change the nature of the crime to larceny or grand theft. The term theft is often used to describe a myriad of crimes and this can be confusing to someone who is being charged for a crime related to taking someone else's property. It's important to understand the criminal charges one is facing to ensure one can defend themselves.

Theft is often the generic term used when one person intentionally takes the property of another without their consent or permission, with the purpose of using it for him or herself, including selling it. It requires the intent to deprive the person from their property permanently. These cases often hinge on intent. To prove theft or larceny, it must be shown that the accused acted with the intent to take and keep someone else's property. If one can show they thought the property was their own or that they mistakenly took it, the intent requirement can be challenged.

Common custody mistakes parents should avoid

On behalf of Whelan Law Office posted in child custody on Thursday, April 25, 2019.

Sharing custody of your child can be a very difficult transition. As such, parents can make mistakes regarding custody orders and parenting agreements. Whether these mistakes are intentional or accidental, they can create serious problems.

Below, we discuss a few of the more common mistakes parents make and why it is important to avoid them.

The police have plenty of reasons to pull you over

On behalf of Whelan Law Office on Wednesday, February 27, 2019.

You tell yourself that you will not get a DUI because you are a safe, careful driver. Even if you have had a few drinks, you trust yourself to obey the traffic laws.

Woman charged with drunk driving in accident causing 3 fatalities

On behalf of Whelan Law Office posted in drunk driving on Friday, February 22, 2019.

Before and while operating a motorized vehicle, most Nebraska drivers follow safe practices. Among others, these practices include ensuring proper maintenance of the vehicle, checking that all occupants are wearing seat belts, and avoiding alcohol and drugs that may impair judgment. However, not all drivers cover all these bases all the time. Drunk driving, in particular, is still a problem, despite continual warnings in the media about the dangers of driving under the influence.

Talking to your children about an upcoming divorce

On behalf of Whelan Law Office on Wednesday, February 20, 2019.

Your children need to know that you and your spouse decided to get divorced. Since you started considering it, it's the conversation you have worried about the most. How do you break something like this to them? What do they want and need you to say?

Criminal defense required for suspect in 2013 murder

On behalf of Whelan Law Office posted in criminal defense on Tuesday, February 12, 2019.

Sometimes, police locate a suspect in a murder case in a matter of days or even hours. Other times, they face more challenging cases, and months or years can pass before a suspect is identified. The latter is true of a Nebraska murder case that happened in 2013 and has remained unsolved. Five years after the incident, a 27-year-old man has been identified through DNA samples and now is focused on his criminal defense for some very serious charges.

In Oct. 2013, the female victim was shot to death in her apartment after two men allegedly broke in. According to police, the initial investigation revealed no helpful evidence. However, DNA samples were collected at the scene, carefully preserved and sent to the State Patrol Crime Lab. Years later, the suspect was sentenced to prison in another state for a drug charge and had DNA samples taken. Because of this sample and the DNA sample taken from the crime scene, police were able to identify the suspect.

Teenagers focus on criminal defense after Nebraska fatal shooting

On behalf of Whelan Law Office posted in criminal defense on Wednesday, February 6, 2019.

Many Nebraska residents may wonder how some people encounter one experience with the law after another, especially when the person is still in his or her teen years. However, sadly, some young people seem to fail to learn from their mistakes and instead become involved in more serious situations over time. Sadly, such is the case with an 18-year-old who now is preparing his criminal defense due to his alleged part in a fatal shooting.

The shooting happened on a recent evening at a Nebraska apartment building and resulted in the death of a 23-year-old man. The man was initially transported to a local medical center in extremely critical condition, but once there, he was pronounced dead. An 18-year-old man was found the next day and was taken into custody. After appearing in court on charges of first-degree murder, conspiracy to commit robbery and use of a weapon to commit a felony, he was ordered held in jail without bail. The teenager, who was charged with a misdemeanor several years ago and has a rocky history with the law, was released from probation only two months prior to the shooting.

Former Nebraska police officer suspected of drunk driving

On behalf of Whelan Law Office posted in drunk driving on Wednesday, January 30, 2019.

Residents of any city, here in Nebraska and across the country, trust their police force to protect them from potential harm. However, police officers are human, and like anyone else, they can occasionally make serious errors in judgment. Sometimes, such public authorities commit the same crimes that they are supposed to prevent others from committing. Unfortunately, this seems to be the case in what authorities say was a drunk driving incident involving a former Lincoln police officer.

The incident happened one afternoon in early December when the former officer's vehicle collided with a lamp pole after sliding on ice. After a witness reportedly found him unconscious with a beer can between his legs, he was transported to hospital. While he was there, a police sergeant reportedly smelled alcohol on his breath. He was subsequently tested for blood alcohol content and was apparently found to have twice the legal limit for drivers.

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