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Can a 2009 unlawful arrest, dui charge be expunged in nebraska given circumstances? State of Ne.vs. McCave cited 28neb500
Anonymous5 views3 answers
In nebraska 2009 my vehicle was Parked at a residential house driveway with no public access. Cops showed up claiming they had an anonymous call about involvement in accident and was dui. I was arrested & charged with dui. I explained i had not been involved in any accident. I hired an attorney who claimed my best and only option/ interest was to plea guilty for refusal to submit and reduce dui. I inquired about the allegations supposedly being probable cause for police involvement, & the attrny stated there is & was no mention of any accident or involvement. I feel as though I was a part of a scam. What can I do if anything at this point. ThAnkyou for any and all information you are able to provide.
Once you plead guilty you waived any rights to attack the underlying basis for the stop. Best you can do is get a set aside or pardon. We do these all the time. The case you site is 805 N.W.2d 290, 282 Neb. 500 (2011). Would apply if you took the matter up on appeal, that does not appear to have been done.
Unless Nebraska is drastically different from other states, typically a conviction cannot be expunged based on legal issues in the underlying case if you entered a guilty plea in the matter. It is assumed that you were aware of the possible legal issues at the time you entered your plea (especially if you had an attorney), but still chose to enter the plea anyway. Contact your previous attorney to get his/her opinion in the matter as well. I assume your attorney could explain to you why it made sense to enter a guilty plea at the time despite the possible legal arguments you could have made.
