Whelan Law Office Whelan Law Office 2026-07-08T22:00:48Z https://www.whelanlawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1204592/2025/12/cropped-favicon-32x32.png On Behalf of Whelan Law Office <![CDATA[3 types of evidence that may support drunk driving charges]]> https://www.whelanlawoffice.com/?p=48434 2025-10-29T05:15:20Z 2025-10-31T05:14:24Z 1. Proof of poor driving Police officers often have dashboard cameras in their cruisers. They may follow a motorist for blocks to capture footage of them driving in an erratic and unsafe manner. The state could also use evidence from a crash involving an allegedly impaired motorist or even witness statements from those who saw someone driving unsafely.

2. Field sobriety test results

When police officers suspect people of intoxication, they may ask the driver to step out of the vehicle and perform a series of tests. Video footage of failed field sobriety tests can support drunk driving accusations and provide police officers with the probable cause necessary to arrest a motorist.

3. Chemical test results

Once a police officer can arrest a driver, they can also request a chemical test. Breath tests or even blood tests can show that a motorist had a blood alcohol concentration (BAC) over the legal limit. That alone can be sufficient grounds for a drunk driving charge. Those intending to fight drunk driving allegations may need help assessing and countering the state's case. Lawyers can exclude evidence in some cases or provide a reasonable explanation for the evidence in other cases. Reviewing the pending charges with a criminal defense attorney can help people strategize effectively.]]> On Behalf of Whelan Law Office <![CDATA[What is a custodial interrogation?]]> https://www.whelanlawoffice.com/?p=48432 2025-10-10T08:58:52Z 2025-10-14T08:58:15Z When a person is interacting with police officers, there are certain times when they will have specific constitutional protections. One of these is the Miranda rights, which are present during custodial interrogations.  A custodial interrogation happens when a person is in police custody and is being asked questions that may end up with an incriminating response. Some people misunderstand what this means. 

What does it mean to be in custody?

Being in custody doesn’t necessarily mean being locked in a jail cell. It occurs any time a reasonable person wouldn’t feel free to leave. This can include being questioned in the back of a police car. It may also happen during a prolonged roadside stop. In cases like those, police officers must read you your Miranda rights or any statement you make may be excluded from evidence.

What happens if your rights aren’t respected?

If you’re in a custodial interrogation and police officers read you your Miranda rights, you have the ability to invoke those rights or waive them. Invoking them means that you are choosing to remain silent and taking the time to speak to your legal representative before answering questions. Waiving those rights means that you don’t feel the need to be silent, and you don’t feel the need to speak to a legal representative. Invoking your rights involves making a simple statement that can’t be misconstrued. This can include simply telling the officers that you choose to remain silent. If they continue to question you after you invoke your Miranda rights, the information that they gather may be thrown out in a case against you. Violations of your Miranda rights during a custodial interrogation can become central points in a defense strategy. Working with someone who understands these matters may be beneficial, so they can assist you with determining how to proceed.]]> On Behalf of Whelan Law Office <![CDATA[What is a Miranda violation, and what impact could one have?]]> https://www.whelanlawoffice.com/?p=48431 2025-10-08T07:24:28Z 2025-10-10T07:23:58Z When is the Miranda warning necessary? What people know about the law may come from popular media and could be inaccurate. Frequently, movies and television shows dramatize the Miranda warning process. They depict it happening during an arrest to make it clear that the defendant or suspect is now in state custody. Police officers do not always need to provide the Miranda warning during an arrest. Instead, it is generally necessary before questioning an individual while they are in state custody. People not advised of their rights to remain silent and secure legal representation while in state custody may have experienced a significant violation of their Miranda rights.

What happens after a Miranda violation?

If an individual experiences a violation of their Miranda rights, the misconduct of law enforcement professionals could impact their criminal proceedings. A defense attorney who can show that a Miranda violation occurred can ask the courts to set aside confessions or statements made that make a person appear guilty. Generally speaking, the prosecutor cannot present evidence secured by violating a person's rights or the law. Invoking the exclusionary rule in the early stages of a trial could lead to the prosecution dismissing charges because they do not have enough evidence or may at least reduce the burden imposed on the defense. Learning about Miranda rights and other key legal protections can be beneficial for those accused of breaking the law. A Miranda rights violation can directly influence criminal defense strategies and the likelihood of avoiding a conviction.]]> On Behalf of Whelan Law Office <![CDATA[Can the police make you unlock your phone?]]> https://www.whelanlawoffice.com/?p=48430 2025-09-26T08:41:05Z 2025-09-30T08:40:47Z A person’s cellphone can contain an incredible amount of potential evidence during a criminal investigation. They may have pictures or videos of themselves with others who were involved in the criminal activity. They may have sent incriminating text messages or social media messages. Even the location data from the phone can be valuable because it could place the person at the scene of a crime. As such, if the police are investigating you for a crime, they may ask you if you will unlock your phone and let them take a look at the data on your device. But just because the police are asking you to unlock it, does this mean you have to? Are you obligated to comply with their request or follow their instructions?

Unreasonable searches

Generally speaking, cellphones fall under the same search and seizure limitations that are applied to other types of searches, such as the search of your home or your car. There may be some emergency situations in which the police can compel someone to comply with a search, but they typically need to get that person’s consent. The officer may ask you if they can open your phone, but they need you to say yes and voluntarily do so in order for them to inspect the device. In other words, you do not have to unlock your device, and you do not have to go along with the investigation. You can simply tell them that you do not want to answer any questions or provide any information until you have your lawyer present. Without your consent, the police officer will probably need to go to a judge, present probable cause and get a search warrant in order to access your device. It is important not to make any mistakes that could compromise your position while being investigated for a crime. Be sure you understand your rights and your defense options.]]> On Behalf of Whelan Law Office <![CDATA[How children experience divorce and split homes]]> https://www.whelanlawoffice.com/?p=48425 2025-09-10T04:24:28Z 2025-09-13T04:23:30Z Divorce is a big change for any family, and children often feel the impact more deeply than adults realize. Even when parents separate respectfully, kids may struggle to understand why their family structure has changed. Emotions like confusion, sadness, anger and guilt are common. Children often wonder if the divorce is their fault or if their parents still love them equally.  Living in two homes adds another layer of adjustment. Kids may feel pulled between parents’ schedules, rules and expectations. Moving between households can disrupt routines, friendships and school life, sometimes leading to stress or anxiety. 

Helping children adjust to two homes

Children process divorce differently depending on their age, personality and relationship with each parent. Younger children may struggle with separation and may show changes in behavior like increased clinginess or temper tantrums.  School-aged children often notice differences in household rules and may feel torn between parents. Teenagers might act out or withdraw emotionally as they try to maintain independence while coping with the transition.  Here are a few ways parents can help children adjust:
  • Consistent routines: Keeping similar bedtimes, homework and meal routines in both homes can help children feel stable. Predictability reduces stress and creates a sense of safety. 
  • Open communication: Encouraging kids to express feelings without judgment allows them to process emotions. Listening carefully and validating their feelings can make a significant difference. 
  • Cooperative parenting: Parents who communicate respectfully and coordinate schedules help children feel secure. Avoiding conflicts in front of children prevents added anxiety.
  • Support networks: Teachers, counselors or family friends can offer additional guidance. Children benefit from knowing they have trusted adults to turn to. 
While these strategies help, navigating shared custody arrangements can be complex. Balancing schedules, legal agreements and children’s needs sometimes requires professional guidance to help ensure everyone’s best interests are considered.  Therefore, it’s wise to seek legal support when necessary to help families find solutions that support children’s well-being while respecting both households. ]]> On Behalf of Whelan Law Office <![CDATA[What is a qualified domestic relations order?]]> https://www.whelanlawoffice.com/?p=48427 2025-09-10T04:24:21Z 2025-09-13T04:23:28Z One of the primary tasks that you have to do when you go through a divorce is dividing property. This includes all assets and debts. For some, their retirement accounts are among the biggest assets. But most people realize that simply withdrawing money from the retirement account to give to the other party could result in taxes and penalties.  If you have a qualified retirement plan, such as a 401(k) or a pension, you can divide the account during the property division process using a qualified domestic relations order (QDRO). This allows part of the account to be reassigned to the non-account-holding spouse without any early withdrawal penalties. 

QDROs must be handled properly

The QDRO is a court order that is handled by the plan administrator. A valid QDRO must clearly state the amount and percentage to be paid, who the plan applies to and the name of the alternate payee. If anything is incorrect or missing in the order, the plan administrator can send it back to the court for correction.  In order for a QDRO to apply, it has to meet federal requirements under the Employee Retirement Income Security Act. Only retirement accounts that are covered by this act can be handled via a QDRO. This means that it is not appropriate for individual retirement accounts because those aren’t qualified under that act.  The property division process during divorce can be complex, particularly when there are assets such as retirement accounts. Understanding the options and how each of these might be handled is critical to ensure that you make decisions that are in your best financial interests. It may be beneficial to work with someone who can help you go through these options.]]> On Behalf of Whelan Law Office <![CDATA[Can you involuntarily lose your parental rights in Nebraska?]]> https://www.whelanlawoffice.com/?p=48424 2025-08-20T09:15:56Z 2025-08-22T11:35:55Z Parental rights are fundamental, but they are not absolute. In Nebraska, the courts have the authority to terminate those rights if doing so serves the best interests of the child. This typically occurs in severe situations where a parent has failed to meet core responsibilities or has endangered the child's well-being. Understanding how and why these rights can be lost is essential for anyone involved in a custody or family law matter. 

Reasons the courts can strip your rights as a parent

The decision to terminate parental rights is not taken lightly. Nebraska courts must find clear evidence of both a legal ground for termination and that doing so is in the child's best interests. Below are several reasons that may lead to such action:
  • Long-term abandonment: If a parent has not maintained contact or made efforts to support the child for at least six months, the court may view this as abandonment.
  • Ongoing neglect: Repeated failure to provide proper care, either for the child or a sibling, can serve as grounds for termination.
  • Failure to support despite ability: When a parent is financially capable but willfully refuses to provide basic needs or court-ordered support, the court may intervene.
  • Serious personal issues: A parent's inability to fulfill duties due to persistent substance abuse, mental illness, or ongoing inappropriate conduct can lead to termination.
  • Child placed out of home long-term: If a child remains in foster or institutional care for a significant time, especially over fifteen months out of twenty-two, the court may act.
  • Acts of violence or abuse: Any parent found to have caused severe injury, engaged in chronic abuse or committed violent crimes against the child or another minor may lose their rights.
In extreme cases, such as those involving sexual assault that results in conception, the court may automatically move to end parental rights when it serves the child's best interests. Facing a potential termination case can be overwhelming. Seeking legal guidance is essential to understanding your rights and the family law process. Knowing what is at stake and acting early can make a significant difference in the outcome.]]> On Behalf of Whelan Law Office <![CDATA[What counts as cable theft in Nebraska?]]> https://www.whelanlawoffice.com/?p=48421 2025-08-12T16:11:26Z 2025-08-11T11:08:24Z State laws addressing telecommunications service fraud Nebraska state law makes it illegal to make or own equipment designed to steal cable TV services. This includes any device that can tap into cable TV lines. The law also covers instructions that teach people how to build these illegal devices. This law specifically bans converter boxes. These devices let people get premium cable channels without paying for them. The law also makes it illegal to tamper with cable company equipment. This includes wires, converters, and other devices that distribute cable signals. The rule applies to both old analog systems and newer digital cable systems. Connecting unauthorized wires to distribution boxes violates the law.

Consequences for telecommunications service theft

Violating Nebraska's cable theft law is a Class II misdemeanor. People convicted of this crime can face up to six months in jail. They may also pay fines up to $1,000. Cable piracy is also a federal crime. This means people may face additional charges for copyright violations. Nebraska has a very broad definition of cable theft. Even sharing a relative's cable connection while splitting the bill could result in theft charges. Cable TV may not be as popular as streaming services, but the laws about using it are still enforced.

Seeking legal advice

If you face charges for stealing telecommunications services, you need to understand your legal options. Consider talking to a qualified lawyer who can review your case and protect your rights during the legal process.  ]]> On Behalf of Whelan Law Office <![CDATA[3 factors that influence the severity of theft offenses]]> https://www.whelanlawoffice.com/?p=48422 2025-08-06T13:28:34Z 2025-08-08T13:28:07Z 1. The value of the assets The difference between a misdemeanor and felony theft offense is often the total value of the property involved. Typically, theft offenses become felony crimes when the aggregate value of all of the assets reaches $1,500.

2. Repeat offenses

People who are familiar with the threshold for felony theft offenses might commit a number of smaller theft crimes to avoid felony prosecution. State laws do allow prosecutors to combine the values of items misappropriated in multiple separate offenses.

3. The use of violence or weapons

Theft offenses are property crimes, but they sometimes involve violence or the threat of violence. The use of a weapon to threaten individuals during a mugging or store workers during a robbery could lead to more serious charges. Actually injuring someone in a strong-arm robbery could also aggravate the charges brought against the defendant. Learning about the law and reviewing the allegations made by the state can help defendants accused of theft crimes choose the best defense strategy. Those with appropriate legal guidance can sometimes avoid a conviction when accused of a serious theft crime or may be able to negotiate a plea bargain that reduces the charges or the penalties at issue.]]> On Behalf of Whelan Law Office <![CDATA[Understanding legal and physical custody of the children]]> https://www.whelanlawoffice.com/?p=48419 2025-07-25T05:30:20Z 2025-07-29T05:29:38Z When unmarried couples or divorcing couples are splitting up custody of their children, it’s important for them to understand all of their rights. They also need to know exactly how custody can be divided, because there are some common misconceptions. For instance, new parents sometimes don’t realize that there are actually two sides to a custody decision. Physical custody is certainly part of the equation in determining where the child lives. Although this is all that many parents think about, it is not the only type of custody the court considers. Legal custody is just as crucial and can have a big impact on the lives of both the parents and the child moving forward.

What is legal custody?

While physical custody sets up living situations and direct parental oversight, legal custody addresses making decisions to help guide the course of a child’s life. For instance, a parent who has legal custody rights gets to decide what religion their child is a part of or what school they attend. That parent can make medical decisions on the child’s behalf or open bank accounts in their name. Even if parents share custody, they need to remember that they can’t make these decisions without the other parent’s input. For example, a parent who wants to authorize a certain type of medical treatment for their child can’t necessarily do so without consulting their ex. If they both have a legal right to make that decision, they need to compromise and work together to put the child’s best interests first. Naturally, this can lead to some disagreements and disputes, so parents need to understand what legal rights they have.]]>