Lincoln Legal Blog

Drunk driving charges and your child

For anyone, drunk driving charges can be incredibly difficult to deal with. For some people, however, DUI charges can be especially challenging. For example, someone who is a parent may wonder how their situation will affect their children. Or, a parent may find out that their teen has been pulled over for driving under the influence of alcohol. Either way, this can be an overwhelming crisis for parents and it is pivotal to handle this situation appropriately if you are struggling with this predicament. In Lincoln and across Nebraska, the decisions that a parent makes during this time could have a significant impact on their child's life.

As a parent, being charged with drunk driving could lead to the loss of driving privileges. If your child is very young, this could leave you unable to take them to doctor appointments and handle other important responsibilities. If you have an older child, you may be unable to drive them to school or bring them to important activities and events that they participate in. You may also be unable to drive to the grocery store or take care of other vital parenting responsibilities.

What to do after a bar-room brawl

After being involved in a bar-room brawl in which threats were exchanged, blows were struck and people were (not seriously) injured, you may think you will face a misdemeanor with an accompanying fine and restitution to the establishment. You may be right.

But you also may be wrong because it's not difficult for a simple misdemeanor assault charge to escalate to a more serious misdemeanor charge or even to the level of a felony.

Teens who share drugs can be charged with distribution

In Nebraska and throughout the United States, teens have shared recreational drugs with each other at parks, inside vehicles, and even inside homes for as long as people can remember. As communication technology has improved, this practice has only become easier. Alcohol and marijuana are shared the most often, but teen use of prescription drugs is on the rise. In some jurisdictions, teens who get caught sharing these substances can be charged as drug dealers.

Not only can teens who share drugs be charged with distribution, but they can also face charges of homicide if one of their friends overdoses. In fact, these charges can be brought against almost anyone that was a party to the crime, including friends, siblings, and parents. Extensive prison sentences have been handed out to teens who shared drugs like LSD that resulted in an overdose.

Is drugged driving the new drunk driving?

Law enforcement, non-profit organizations and even schools are diligent in informing individuals about the harmful effects of drunk driving. But what about drugged driving? Many people are not aware of the rules of driving with drugs in one's system.

In fact, in recent years, one in three drivers had drugs in their system at the time of their fatal crash. While marijuana is certainly a concern as it is one of the most commonly found drugs in drivers' systems, drugged driving encompasses all types of drugs that can alter your cognitive and/or motor function, like illicit drugs and prescription drugs.

Divorce rates soar in January

Law offices have historically reported a sharp increase in divorce filings on the first Monday after the holiday season. The phenomenon, sometimes referred to as Divorce Day, might be due to a new sense of urgency among dissatisfied partners. The trend seems to exist in Nebraska and across the U.S., and it typically continues throughout the month of January.

According to some family law attorneys, people come into a new year with a renewed feeling of not wanting to repeat last year's mistakes. It's similar to the increase in the number of gym memberships sold or the number of people who resolve to quit smoking. Some call January the hangover month. While the period from Thanksgiving through the New Year often includes a happy family time binge, the month that follows may feel bad by comparison.

Nebraska struggles with heroin epidemic

Like the rest of the country, Nebraska is struggling with the opioid epidemic. Arrests continue to mount, undeterred by some of the most severe penalties in the country.

In Nebraska, possession of even a small amount of heroin is a Class IV felony, subject to as many as five years in prison and $10,000 in fines.

Joint custody is often in the child's best interests

Divorce is tough on everyone involved. However, a separation can be especially difficult for the children. If the two parents can agree on a custody arrangement that is fair, the court will in most cases approve it. But if the couple walks into a Nebraska family law court seeking a decision from the judge, the overriding standard applied in arriving at a final order is the child's best interests.

The court will begin with the perspective that neither parent has a superior right to custody over the other. From there, judges will employ any relevant information to determine the best way to create a safe, nurturing and stable environment for the child. Family relationship counselors overwhelmingly agree that absent some evidence of a neglectful or abusive parent, a child who experiences a joint custody living arrangement does better than one in a sole custody household.

How new tax laws will impact future divorces

Nebraska couples who are contemplating divorce may be interested in learning about changes to the tax law that go into effect with the new year. As of the start of 2019, alimony rules that have been in place for more than seven decades will change. Previously, alimony payments were tax-deductible for the individual who paid them. These same alimony payments were considered taxable income by the individual who received them. However, this situation will reverse for new divorcees starting in 2019.

Some may think that they can get their divorce in prior to Dec. 31 deadline. However, doing this is complicated, and many people who try may be disappointed. To qualify, the alimony agreement would either need to be in a final settlement or court order. Temporary agreements would not qualify.

Financial stress increases chances of divorce

Frequent fights about financial issues undermine a Nebraska couple's ability to communicate. Ultimately, failing communication could end a marriage. A university study confirmed this by identifying ongoing financial disputes as a red flag for divorce. Money woes upped the likelihood of divorce by 30 percent.

Marriages often begin with the partners bringing debt to the table. A survey sponsored by Fidelity discovered that over 50 percent of marriages start in debt, and 40 percent of spouses agree that the financial burden strains their relationships. Debts can create arguments because sometimes people reject their responsibility for the debts. The survey found that 49 percent of spouses contradicted each other about who should pay the debts.

  • Nebraska State Bar Association
  • American Association For Justice
  • Illinois State Bar Association
  • The Missouri Bar | Lex
  • ABA | Defending Liberty Persuing Justice
  • United States District Court

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London Law Office P.C., L.L.O.

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