Legal Question in Criminal Law in Nebraska
protection order violations
I was arrested for violating a protection order that i was never served or had any knowledge it was issued. I was sentenced to
3 1/5 yr.
how long do i have an oppertunity
to receive a new trial , and also file
a suit ?
1 Answer from Attorneys
Re: protection order violations
If you are basing the request for a new trial on an error of law at the trial or on the verdict not being sustained by sufficient evidence, then you have ten days after the verdict was rendered unless filing such a request was unavoidably prevented. If it is based upon the discovery of new evidence which could not have been discovered and presented at the trial, you have a reasonable time after discovering the evidence, but no longer than three years.
As to the suit, what are the grounds? If you did not present evidence of the failure to serve the protection order at trial and could have done so, then you are unlikely to succeed in any suit base on that.
Incidentally, did you have an attorney at trial?
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