Under Nebraska law, solicitation of a minor involves using an electronic communication device to ask a child aged 16 years or younger to meet for the purpose of engaging in a sexual act. The sexual act itself is recognized as sexual assault under the law, even if a minor agrees to it. But simply requesting, …
Will I Be Indicted On Federal Criminal Charges In Omaha?
Federal criminal investigations in Omaha, Nebraska generally take longer than state criminal investigations. In some cases, a person is interviewed by federal agents, search warrants are executed, and property is seized months or years before the feds even decide to indict. Many federal crimes have a statute of limitations of five years. This allows federal …
Police Deception During Sex Assault Investigations
It’s Okay to Lie if You’re a Police Officer The target of a sex assault investigation is not presumed innocent. While the presumption of innocence occurs in the courtroom, it does not occur during police investigations. Once police identify an alleged perpetrator as a target of the sex assault investigation, police techniques used during interrogation are used …
Title IX: Implications for the Accused
When someone is accused of campus sexual assault, law enforcement officers often conduct criminal/civil investigations at the same time as school investigations. According to federal law, universities and colleges that receive federal funding are legally obligated to address sexual assault incidences under the terms of Title IX (“Title 9”) of the Education Amendments of 1972. …
How Do I Build A Strong Criminal Defense Strategy?
Designing a strong defense against criminal charges takes time and effort. Your defense strategy will slowly emerge as your attorney uncovers more about your particular case and how prosecutors plan to act against you. Criminal defense strategies vary from case to case depending on a number of factors, including how the defendant acts and responds …
Can You Be Arrested For Sexting In Nebraska?
When people are becoming intimate, it’s common for them to want to communicate frequently using cell phones. This sometimes includes sending nude selfies. But the proliferation of “sexting” or sex-related texts has created a new category of sex crimes. Law enforcement departments across the country are conducting sexting stings to identify predators who specifically target …
When Victim Advocates Cross the Line
Most criminal defense attorneys will tell you that the most winnable cases are those in which the government’s witnesses are real people rather than police officers and other professional witnesses. One reason why is because a lot of these non-professional witnesses are much more vulnerable to cross-examination. Furthermore, non-profession witness testimony is more truthful because …
The Sleep Sex Defense
Thanks to the euphemism “sleeping together,” there exists an assumption that if two people sleep in the same bed, they have sex. While this obviously isn’t true, there have been many criminal allegations made involving sexual assault and sleep. SLEEPWALKING The phenomenon of sleepwalking is a well-documented scientific fact. People have been known to eat …
When Privileged Information Is Leaked to Police
In the 1996 film Sleepers, a priest gives an alibi to a criminal defendant charged with murder. The priest not only swears he was with the defendant at the time of the murder, but also produces ticket stubs from the sporting event he supposedly attended with the defendant. This scene mirrors other cultural references in which …
False Sexual Assault Allegations From Faulty Forensic Interviews
When a minor alleges rape in Nebraska, the police will take the juvenile to a forensic interview. In Omaha, most forensic interviews take place at Project Harmony, where the child is placed in a comfortable interview room equipped with audio and video recording devices. An interview is then conducted by someone with specialized training in …
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