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Brendan Michael Kelly

Brendan Michael Kelly

A Trial will convince you of my expertise!
  • Criminal Law, DUI & DWI, Juvenile Law...
  • Colorado, Iowa, Nebraska
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Claimed Lawyer ProfileQ&A
Summary

I have been a defense attorney for the last 26 plus years. I'm currently licensed in Nebraska, Iowa and hold an inactive license in Colorado. I also handle matters in federal court. Give me a call to help with criminal defense, DUI/OUI, Family and Divorce law. We offer free friendly advice and will get your matter going for you. Put us in your corner.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Juvenile Law
  • Domestic Violence
  • Family Law
  • Divorce
  • Traffic Tickets
Fees
  • Free Consultation
    Happy to meet with you for a free for initial consultation.
  • Credit Cards Accepted
    I take all forms of credit cards. We can also assist you in obtaining a loan to help pay the costs of our services.
  • Contingent Fees
    Normal fee for contingent fee types of cases is 30% minus costs. We are always happy to have that matter discussed.
  • Rates, Retainers and Additional Information
    We offer payment plans and will discuss the matter free of charge.
Jurisdictions Admitted to Practice
Colorado
Iowa
Nebraska
Federal Circuit
Languages
  • English
Professional Experience
Member
Iowa State Bar Association
- Current
Member
National College for DUI Defense
- Current
Member
National Association of Criminal Defense Lawyers
- Current
I have belong from 1992 until 2005. I joined again in 2009 to current.
nebraska criminal defense lawyers association
- Current
Member
Nebraska State Bar Association
- Current
Colorado Criminal Defense Bar
- Current
Education
Creighton University, School of Law
Juris Doctor (1991) | Moot Court and Trial Team member.
Metropolitan State College of Denver
Bachelor of Arts (1987)
Honors: Student body president, State board member three years.
Professional Associations
Nebraska State Bar # 23074
Member
- Current
Nebraska Criminal Defense Attorney Association
Member
- Current
Iowa State Bar
Member
- Current
Activities: Criminal and Family sections
National Association of Criminal Defense Lawyer
Member
- Current
Colorado Criminal Defense Bar
Member
- Current
Publications
Articles & Publications
Drug Charges? Here is What You Do.
Brendan M. Kelly
What Not To Do If You Get Arrested
Brendan M. Kelly
Speaking Engagements
Law Day Talk, Kid's Class, St. Philip Neir
Law Day talk to kids at school.
Law Day Talk, Kid's Class, St. Philip Neir
Law Day talk to kids at school.
Law Day Talk, Kid's Class, St. Philip Neir
Law Day talk to kids at school.
Law Day Talk, Kid's Class, St. Philip Neir
Law Day talk to kids at school.
Certifications
DUI Detection and Investigation
Law Enforcement Training Institute
Websites & Blogs
Website
Website
Blog
Legal Answers
60 Questions Answered

Q. Is it just that in a criminal case like domestic assault, spousal privilege “may not be claimed” but still could be?
A: Spousal privilege cannot be claimed. The idea of it as a defense in a criminal matter (domestic assault, sex trafficking, drugs) is really no longer valid. Some communication may be excluded or barred, but over the year the privilege has been eroded.
Q. what is the minimum sentencing for 2nd degree theft / receiving stolen property $5000 or more in Nebraska
A: As a class III felony your looking at 0-4 years imprisonment and up to a $25,000 fine or both. There is also a period of post-supervision.
Q. How do I go forward when judge has ordered it a civil case in regards to back alimony
A: I would advise you to follow Ms. Fowler's advise on how to proceed with your case.
Q. Elderly father in Neb, lost wife to Leukemia in Dec. She has a ton of unpaid hospital bills. Is my father responsible?
A: Unless your father signed for the bills they are not likely to be able to hold them responsible. Contact take the billing dept and explain the circumstances. I would also hold on to all the billing after reading them in case they take legal action. If they do you should contact legal aid.
Q. Is it illegal for a 17 year old to hit someone younger than them in self defense?
A: It is legal for a person to defend themselves. All people have a right to self defense. Age of the parties is one of the many factors that is taken into account in making the decision if the action is criminal.
Q. Can my fiance move out of her parents house at 17 and live with me if we move out of state?
A: No. She is considered a child until age 19 or her marriage.
Q. Can my ex move out of state with our daughter without my consent?
A: Yes, unless you have an existing court order she can move and take the child with her. I would suggest you contact a lawyer and get a order in place. If she moves with the child and no order, once you get jurisdiction in another state you will have to fight for your rights in the new state.
Q. If someone changed their name legally and got married with their previous last name is the marriage legally binding?
A: Not real sure of the question you are asking. If someone changed their name legally (from Smith to Jones) and got married under a now false name (Smith) the marriage would still be valid. The license would have to be changed to correct the name, assuming they did everything else to obtain a civil marriage license. If the former named party was married at the time, the new marriage would be subject to bring able to be annulled, should the new spouse seek to have the marriage voided. Hope that helps.
Q. if a person comes into anothers house thinking no one home and gets bittin by the homeowners pitbull is the homeowner
A: A person who enters into your home without permission is an intruder and liable for any damage or injury they cause or sustain. Only if they had permission would the home owner be liable.
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Contact & Map
Law Office of Brendan M. Kelly, PC, LLO
1904 Farnam Street
Suite 101
Omaha, NE 68102
USA
Telephone: (402) 455-1711
Cell: (402) 455-1711
Fax: (402) 408-6576
Santee Nation Tribal Court
207 His Red Nation Street
RR2 Box 5172
Omaha, NE 68760
USA
Toll-Free: (888) 285-5833
Telephone: (402) 455-1711
Cell: (402) 455-1711
Fax: (402) 408-6576