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Nebraska Statutes > Chapter 29 - Criminal Procedure

Nebraska Statutes > Chapter 29 - Criminal Procedure


Current as of: 2010
§ 29-101Terms, usage
§ 29-103Magistrate, defined
§ 29-104Prosecuting attorney, defined
§ 29-105Code; general and special provisions
§ 29-106Code and other law; construe according to plain import of language
§ 29-107Person or other general term, when protection of property intended; meaning
§ 29-108Signature, how construed
§ 29-109Terms not defined, how construed; titles, treatment
§ 29-110Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions
§ 29-111Fines and punishments; how enforced
§ 29-112Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote
§ 29-112.01Restoration of civil rights; felon; procedure
§ 29-113Felon of other states; disqualified as juror or officeholder; right to vote
§ 29-115Suppression of statement by defendant; filing of motion; when made; failure to object before trial; effect; exceptions; effect
§ 29-116Suppression of statement by defendant; order granting suppression; review; procedure; appeal
§ 29-117Suppression of statement by defendant; application for review; filing; when
§ 29-118Suppression of statement by defendant; order granting suppression; review; trial court; duties
§ 29-119Plea agreement; terms, defined
§ 29-120Plea agreement; prosecuting attorney; duties
§ 29-121Leaving child at a hospital; no prosecution for crime; hospital; duty
§ 29-201County judges as magistrates; jurisdiction
§ 29-203District judges and county judges; conservators of the peace; jurisdiction
§ 29-205Fugitive; apprehension and arrest
§ 29-208Criminal identification; agents; power of Governor to appoint
§ 29-209Criminal identification; fingerprints and descriptions; duties of law enforcement officers and agencies
§ 29-210Criminal identification and information; Nebraska State Patrol; duties
§ 29-211Motor vehicle pursuit; law enforcement agency; adopt policy; contents; training
§ 29-212Missing Persons Information Clearinghouse; terms, defined
§ 29-213Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties
§ 29-214Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties
§ 29-214.01Missing Persons Information Clearinghouse; Nebraska State Patrol; powers and duties
§ 29-215Law enforcement officers; jurisdiction; powers; contracts authorized
§ 29-216Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts
§ 29-401Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements
§ 29-402Arrest by person not an officer
§ 29-402.01Shoplifters; detention; no criminal or civil liability
§ 29-402.02Shoplifters; peace officer; arrest without warrant
§ 29-402.03Shoplifters; arrest; merchant or employee not liable
§ 29-403Warrant; who may issue
§ 29-404Complaint; filing; procedure; warrant; issuance
§ 29-404.01Arrest without warrant; supplemental provisions
§ 29-404.02Arrest without warrant; when
§ 29-404.03Arrest without warrant; reasonable cause; conditions
§ 29-405Warrant; misdemeanor, complainant; costs
§ 29-406Warrant; to whom directed; contents
§ 29-407Warrant; persons who may execute
§ 29-408Warrant; pursuit and arrest of fugitive
§ 29-409Fugitive; warrant for arrest and return; effect
§ 29-410Prisoner; lawful arrest; detention
§ 29-411Warrants and arrests; powers of officer; direction for executing search warrant; damages
§ 29-412Arrest under a warrant; prisoner to be taken before magistrate; return
§ 29-413Offense committed in view of magistrate; arrest; when authorized; detention
§ 29-414Rewards for conviction of felons; powers of county boards; limitation on amount
§ 29-415Rewards for capture and conviction of horse and auto thieves; powers of sheriffs; limitation on amount
§ 29-416Fresh pursuit; peace officer from another state; authority to make arrest
§ 29-417Fresh pursuit; procedure after arrest
§ 29-417.01Fresh pursuit; interstate pursuit; liability; personal jurisdiction
§ 29-418Fresh pursuit; section, how construed
§ 29-419Fresh pursuit; state, defined
§ 29-420Fresh pursuit, defined
§ 29-421Act, how cited
§ 29-422Citation in lieu of arrest; legislative intent
§ 29-423Citation; Supreme Court; prescribe form; contents
§ 29-424Citation; contents; procedure; complaint; waiver; use of credit card authorized
§ 29-425Citation; issued, when; service
§ 29-426Citation; failure to appear; penalty
§ 29-427Detention of accused; grounds
§ 29-428Sections, how construed
§ 29-429Citation; cited person to medical facility; when
§ 29-430Citation; social security number prohibited
§ 29-431Infraction, defined
§ 29-432Infraction; person alleged to have committed; custody; when
§ 29-433Infraction involving controlled substance; person cited for; course of instruction; requirements
§ 29-434Drug treatment centers; provide course of instruction
§ 29-435Infraction; citation issued in lieu of arrest; exception
§ 29-436Infraction, penalties
§ 29-437Infraction; trial without a jury; constitutional rights
§ 29-438Infraction; treated as first offense; when
§ 29-439Domestic assault; arrest; conditions; report required
§ 29-440Domestic assault; weapons; seizure and disposition
§ 29-504Felony; speedy preliminary hearing required
§ 29-505Witnesses; preliminary hearing; segregation
§ 29-506Probable cause finding; effect; accused to be committed or released on bail; conditions; appearance bond
§ 29-507Felony; witness; release from custody; conditions
§ 29-508Refusal of witness to enter into recognizance or accept conditions; effect
§ 29-508.01Witness committed to jail; prerequisites; rights; appeal
§ 29-508.02Witness committed to jail; receive witness fee
§ 29-509Docket; required; record of recognizances; transcript
§ 29-510Finding; offense of a higher grade committed than that charged; power of magistrate
§ 29-610.01Subpoena; witness; service; failure to appear; contempt of court
§ 29-610.02Subpoena; witness; failure to appear; penalty
§ 29-611Appeal; procedure
§ 29-615Offenses not cognizable by county court; procedure
§ 29-729Terms, defined
§ 29-730Fugitives from justice; Governor; duty
§ 29-731Form of demand
§ 29-732Governor; order investigation
§ 29-733Persons imprisoned or waiting trial out of state; left the demanding state involuntarily; extradition
§ 29-734Persons not present in demanding state at time of commission of crime; extradition
§ 29-735Warrant of arrest; issuance
§ 29-736Warrant of arrest; execution
§ 29-737Arresting officer; authority
§ 29-738Rights of accused person; writ of habeas corpus; application
§ 29-739Rights of accused person; violation; penalty
§ 29-740Confinement; when necessary; requirements
§ 29-741Warrant of arrest; issuance prior to requisition; grounds
§ 29-742Arrest without warrant by officer or citizen; when
§ 29-743Commitment to await requisition; bail
§ 29-744Bail; bond; conditions
§ 29-745Commitment; discharge, recommitment, or bail
§ 29-746Bail; forfeiture; effect
§ 29-747Persons under criminal prosecution in this state at time of requisition; Governor; discretionary powers
§ 29-748Guilt or innocence of accused; inquiry; when
§ 29-749Warrant of arrest; recall; issuance
§ 29-750Fugitives from this state; warrant; Governor's duty
§ 29-751Fugitives from this state; requisition; application; contents; filing
§ 29-752Costs; expenses; payment
§ 29-753Extradition; civil action; immunity from service of process in certain cases
§ 29-754Extradition proceedings; written waiver; procedure
§ 29-755Nonwaiver by this state
§ 29-756Extradition; other criminal prosecutions; no right of asylum or immunity
§ 29-757Sections, how construed
§ 29-758Act, how cited
§ 29-759Text of agreement
§ 29-760Appropriate court, defined
§ 29-761Enforcement of agreement
§ 29-762Escape from custody; penalty
§ 29-763Official in charge of penal or correctional institution; duties
§ 29-764Central administrator; appointment; powers
§ 29-765Copies of sections; distribution
§ 29-812Search warrant; issuance
§ 29-813Search warrant; issuance; limitation; terms, defined
§ 29-814.01Search warrant; issuance on affidavit; procedure
§ 29-814.02Search warrant; issuance on oral statement; procedure
§ 29-814.03Search warrant; issuance on telephonic statement; procedure
§ 29-814.04Search warrant; issuance on written affidavit or oral statement; contents; restriction
§ 29-814.05Search warrant; issuance on telephonic statement; duplicate original; contents; procedure
§ 29-814.06Original statement; lost, destroyed, or unintelligible; effect
§ 29-815Search warrant; executed and returned; inventory required
§ 29-816Search warrant; return; inventory; filing; received in evidence; when
§ 29-817Sections, how construed; property, defined; search warrant; confidential issuance; violation; penalty
§ 29-818Seized property; custody; pet animal or equine; additional procedures; hearing; order to pay expenses; delinquent payments; hearing; notice; appeal
§ 29-819Seized property; transfer to another jurisdiction; when
§ 29-820Seized property; disposition
§ 29-821Sections; supplemental to other laws
§ 29-822Motion to suppress; filing; time; failure to file; effect; exception
§ 29-823Motion to suppress; issues of fact; trial
§ 29-824Motion to suppress; appeal; review; appeal after conviction
§ 29-825Motion to suppress; appeal; application
§ 29-826Motion to suppress; appeal; time limit; order for custody
§ 29-828Search for weapons; when authorized
§ 29-829Stop and search of person for dangerous weapon; when authorized; peace officer, defined
§ 29-830Inspection warrant, defined
§ 29-831Peace officer, defined
§ 29-832Inspection warrant; when issued
§ 29-833Inspection warrant; issuance; procedure
§ 29-834Inspection warrants; laws applicable
§ 29-835Violations; penalty
§ 29-901Bail; personal recognizance; conditions
§ 29-901.01Conditions of release; how determined
§ 29-901.02Release; order; contents
§ 29-901.03Conditions of release; review; procedure
§ 29-901.04Conditions of release; amendment; review
§ 29-901.05Bail; uniform schedule; how adopted; payment; procedure
§ 29-901.06Bailable defendant; duty of court to inform of rights and duties
§ 29-902Bail; proceeding for taking
§ 29-902.01Presiding judge of certain county courts; designate a judge on call; custodial officer; duties
§ 29-903Bail; amount; pretrial release agency; release recommendation; release without bond; when
§ 29-904Recognizance; deposit with clerk; discharge of prisoner
§ 29-905Surrender of accused by surety to court; discharge of surety; new recognizance; conditions
§ 29-906Surrender of accused by surety to sheriff; authority
§ 29-907Surrender of accused by surety to sheriff; duty of sheriff; discharge of surety
§ 29-908Bail, recognizance, or conditional release; failure to appear; penalties
§ 29-909Pretrial release agency; authority to designate; recommendations; recognizance; when
§ 29-910Pretrial release agency; designation; order; contents
§ 29-1001Prisoner; where confined
§ 29-1105Recognizance forfeited; recovery notwithstanding defects
§ 29-1106Recognizance forfeited; when
§ 29-1107Recognizance forfeited; set aside; conditions
§ 29-1108Recognizance forfeited; motion; notice; judgment; cash deposit, disposition
§ 29-1109Recognizance forfeited; judgment; remission; conditions
§ 29-1110Recognizance forfeited; satisfaction; forfeiture set aside or remitted; exoneration of surety
§ 29-1201Prisoner held without indictment; discharge or recognizance; when
§ 29-1205Right of accused to a speedy trial; preferences
§ 29-1206Continuance; how granted
§ 29-1207Trial within six months; time; how computed
§ 29-1208Discharge from offense charged; when
§ 29-1209Failure of defendant to move for discharge prior to trial or entry of plea; effect
§ 29-1301Venue; change; when allowed
§ 29-1301.01Venue; crime committed in different counties
§ 29-1301.02Venue; crime committed on moving means of transportation
§ 29-1301.03Venue; jurisdiction in two or more counties; effect of conviction or acquittal
§ 29-1302Change of venue; how effected; costs; payment
§ 29-1303Change of venue; transfer of prisoner
§ 29-1304Change of venue; witnesses recognized to appear
§ 29-1305Venue; crime committed on county line
§ 29-1306Venue; death occurring in another county or state
§ 29-1307Venue; receiver of stolen property
§ 29-1401Grand jury; when called; death while being apprehended or in custody; procedures
§ 29-1401.02Grand jury by petition; procedure; failure to call; filing
§ 29-1402Grand jury; convening; no limitation on right to prosecute by information
§ 29-1403Foreman; appointment
§ 29-1404Foreman; oath or affirmation; form
§ 29-1405Jurors; oath or affirmation; form
§ 29-1406Judge; charge to jury; instruction as to powers and duties
§ 29-1407Grand jury; duties
§ 29-1407.01Grand jury proceedings; reporter; duties; transcript; statements; availability
§ 29-1408County attorney; powers; special prosecutor; when appointed
§ 29-1409Subpoenas; issuance; advisement of rights; form; effect
§ 29-1410Witness; oath or affirmation; administration
§ 29-1410.01Request to testify or appear; denial; how treated
§ 29-1411Witness; privilege against self-incrimination; immunity; right to counsel; refusal to answer; procedure
§ 29-1412Witness; refusal to testify or provide other information; contempt; right to counsel; penalty; hearing; confinement; limitation
§ 29-1412.01Grand jury; subpoena to testify or produce documents; not required to comply; when
§ 29-1413Vacancy; how filled
§ 29-1414Disclosure of indictment; when prohibited
§ 29-1415Disclosure of juror's vote or opinion; prohibited
§ 29-1416Indictment; how found; endorsement; no true bill; effect
§ 29-1417County jail; examination; report
§ 29-1418Indictments; presentation; docketing; finding of probable cause; dismissal; motions
§ 29-1419Trial of indictments; recognizances; undisposed indictments; trial by special prosecutor; when
§ 29-1420Report; made public; when; transfer of evidence
§ 29-1501Indictment; when sufficient; irregularities
§ 29-1502Variance in name or description; effect
§ 29-1503Forgery; instruments; how described
§ 29-1504Offenses other than forgery; instruments; how described
§ 29-1505Counterfeiting; instruments or means; how described
§ 29-1506Intent to defraud; how alleged; proof
§ 29-1507Ownership by more than one person; how alleged
§ 29-1508Joinder of offenses with larceny; finding of guilty on any count
§ 29-1509Money; how described; proof
§ 29-1510Election cases; allegation of legality; sufficiency
§ 29-1511Perjury and subornation; allegations; sufficiency
§ 29-1512Manslaughter; allegations; sufficiency
§ 29-1601Prosecutions on information; authorized
§ 29-1602Information; by whom filed and subscribed; names of witnesses; endorsement
§ 29-1603Allegations; how made; verification; joinder of offenses; rights of defendant
§ 29-1604Information; procedure; law applicable
§ 29-1605Commitment and bail; law applicable
§ 29-1606Persons committed or held to bail; preliminary hearing; failure of county attorney to file information; written statement required; power of court
§ 29-1607Information; preliminary examination; required; when
§ 29-1608Indictment, complaint, or information against corporation; summons; service; return day; procedure
§ 29-1701Warrant and arrest on indictment or presentment
§ 29-1702Accused a nonresident of the county; how arrested
§ 29-1703Misdemeanors; recognizance for appearance; authority of sheriff to take
§ 29-1704Misdemeanors; recognizance; return
§ 29-1705Felonies; recognizance ordered by court; authority
§ 29-1706Felonies; recognizance; amount; endorsement on warrant
§ 29-1707Felonies; recognizance; conditions; return
§ 29-1708Recognizance; signature; certificate
§ 29-1709Indicted convicts; custody
§ 29-1802Indictment; recording; service of copy on defendant; arraignment, when had
§ 29-1806Exceptions to indictment; time allowed
§ 29-1807Exceptions to indictment; how made
§ 29-1808Motion to quash; when made
§ 29-1809Plea in abatement; when made
§ 29-1810Demurrer to indictment; when made
§ 29-1811Indictment defective; accused committed or held to bail
§ 29-1812Defects; when considered waived
§ 29-1813Plea in abatement; misnomer; procedure
§ 29-1814Demurrer or reply to plea in abatement; when made
§ 29-1815Plea after overruling of demurrer to indictment
§ 29-1816Arraignment of accused; when considered waived; child less than eighteen years of age; move court to waive jurisdiction to juvenile court; findings for decision; transfer to juvenile court; effect
§ 29-1816.01Arraignment of accused; report of proceedings; filing; evidence
§ 29-1817Plea in bar; allegations; reply to plea; how issues tried
§ 29-1818Plea in bar or abatement; verification by accused required
§ 29-1819Pleas of guilty, not guilty, or nolo contendere; when required; failure to plead; effect
§ 29-1819.01Plea of nolo contendere; acceptance by court; when
§ 29-1819.02Plea of guilty or nolo contendere; advisement required; effect
§ 29-1819.03Plea of guilty or nolo contendere; legislative findings and intent
§ 29-1820Plea of guilty; record; accused; custody
§ 29-1821Plea of not guilty; record; day of trial; designation; continuance; when
§ 29-1822Mental incompetency of accused after crime commission; effect; capital punishment; stay of execution
§ 29-1823Mental incompetency of accused before trial; determination by judge; effect; costs; hearing; commitment proceeding
§ 29-1901Witnesses; subpoenas; service; deputies; witness fees and mileage reimbursement by defendant; when
§ 29-1902Return of subpoenas
§ 29-1903Witnesses for defense; compulsory process; how obtained; fees to be paid by county; when; affidavit; effect
§ 29-1904Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney
§ 29-1905Depositions; how taken
§ 29-1906Terms, defined
§ 29-1907Person in this state required as witness in another state; procedure to secure attendance; fees; failure to testify; punishment
§ 29-1908Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment
§ 29-1909Witness from another state; not subject to arrest or civil process while in this state
§ 29-1910Sections, how construed
§ 29-1911Act, how cited
§ 29-1912Request by defendant to inspect and make copies of evidence; granted; when; findings; possibility of harm; effect
§ 29-1913Discovery; evidence of prosecuting authority; test or analysis by defense; when allowed; when inadmissible
§ 29-1914Discovery order; limitation
§ 29-1915Discovery order; specify time, place, and manner of inspections and making copies
§ 29-1916Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination
§ 29-1917Deposition of witness; when; procedure; use at trial
§ 29-1918Discovery of additional evidence; notify other party and court
§ 29-1919Discovery; failure to comply; effect
§ 29-1920Indigent defendant; costs; how taxed
§ 29-1921Attorney-client privilege protected
§ 29-1922Motion to produce statement of defendant and names of eyewitnesses; filing; order
§ 29-1923Additional statement of defendant or name of eyewitness; prosecutor; notification required; failure to comply; effect
§ 29-1924Statement, defined
§ 29-1925Child victim or child witness; testimony; legislative intent
§ 29-1926Child victim or child witness; videotape deposition and in camera testimony; conditions; use; findings by court; release; violation; penalty
§ 29-1927Admission of evidence of alibi; notice required; waiver
§ 29-2001Trial; presence of accused required; exceptions
§ 29-2002Joinder of offenses; joint trial; separate trials; when permitted; procedure
§ 29-2003Joint indictment; special venire; when required; how drawn
§ 29-2004Jury; how drawn and selected; alternate jurors
§ 29-2005Peremptory challenges
§ 29-2006Challenges for cause
§ 29-2007Challenges for cause; how tried
§ 29-2008Defendants tried together; number of peremptory challenges allowed
§ 29-2009Jurors; oath; form
§ 29-2010Juror; affirmation; form
§ 29-2011Jurors; permitted to take notes; use; destruction
§ 29-2011.02Witnesses; refusal to testify or provide information; court order for testimony or information; limitation on use
§ 29-2011.03Order for testimony or information of witness; request; when
§ 29-2012Joint defendants; discharge of one or more; when authorized; effect
§ 29-2014Conspiracy; overt acts; allegations required; proof
§ 29-2016Trial; order of procedure
§ 29-2017Jury; view place of occurrence of material fact; restrictions
§ 29-2018Mistake in charging offense; prior to verdict; procedure
§ 29-2019Mistake in charging offense; jury; discharge prior to verdict
§ 29-2020Bill of exceptions by defendant; request; procedure; exception in capital cases
§ 29-2022Jury; conduct after submission
§ 29-2023Jury; discharged before verdict; effect; journal entry
§ 29-2024Verdict; poll
§ 29-2025Lesser included offense; attempt to commit; form of verdict
§ 29-2026.01Verdict; finding of value of property; when required
§ 29-2027Verdict in trials for murder; conviction by confession; sentencing procedure
§ 29-2028Sexual assault; testimony; corroboration not required
§ 29-2101New trial; grounds
§ 29-2102New trial; affidavits; when required
§ 29-2103New trial; motion; how and when made
§ 29-2104Arrest of judgment; grounds
§ 29-2105Arrest of judgment; defect of form insufficient
§ 29-2106Arrest of judgment; effect
§ 29-2201Verdict of guilty; accused to be notified before sentence
§ 29-2202Verdict of guilty; judgment; when pronounced; suspension of sentence; when; bail
§ 29-2203Defense of not responsible by reason of insanity; how pleaded; burden of proof; notice before trial; examination of defendant; acquittal; further proceedings
§ 29-2204Indeterminate sentence; court; duties; study of offender; when; costs; defendant under eighteen years of age; disposition
§ 29-2204.01Reduction of sentence, when
§ 29-2206Fine and costs; commitment until paid; installments; suspension or revocation of motor vehicle operator's license
§ 29-2206.01Fine and costs; payment of installments; violation; penalty
§ 29-2207Judgment for costs upon conviction; requirement
§ 29-2208Sentence to imprisonment in the county jail; hard labor; bread and water
§ 29-2221Habitual criminal, defined; procedure for determination; hearing; penalties; effect of pardon
§ 29-2222Hearing; copy of former judgment as evidence
§ 29-2246Terms, defined
§ 29-2247Nebraska District Court Judges Association; created; duties
§ 29-2248Association; duties
§ 29-2249Office of Probation Administration; created; personnel
§ 29-2249.04Transferred employees; benefits
§ 29-2250Office of Probation Administration; duties
§ 29-2251Probation administrator; appointment; qualifications
§ 29-2252Probation administrator; duties
§ 29-2252.01Probation administrator; report required
§ 29-2253Probation administrator; probation districts; employees; appointment; principal office
§ 29-2254Interstate Compact for Adult Offender Supervision; administrators; duties
§ 29-2255Interlocal agreement; costs; requirements
§ 29-2256Volunteers; use of
§ 29-2257Nebraska Probation System; established; duties; salary equalization
§ 29-2258District probation officer; duties; powers
§ 29-2259Probation administrator; office; salaries; expenses; office space; prepare budget; interpreter services
§ 29-2259.01Probation Cash Fund; created; use; investment
§ 29-2259.02State Probation Contractual Services Cash Fund; created; use; investment
§ 29-2260Certain juveniles; disposition; certain offenders; sentence of probation, when
§ 29-2260.01Juvenile intake services; duties; intent
§ 29-2261Presentence investigation, when; contents; psychiatric examination; persons having access to records; reports authorized
§ 29-2262Probation; conditions
§ 29-2262.02Intensive supervision probation programs; legislative findings and intent
§ 29-2262.03Court; order of intensive supervision probation; when; laws applicable
§ 29-2262.04Intensive supervision probation programs; contents; supervision required; electronic device or system; cost
§ 29-2262.05Intensive supervision probation programs; Supreme Court; duties
§ 29-2262.06Fees; waiver; when; failure to pay; effect
§ 29-2262.07Probation Program Cash Fund; created; use; investment
§ 29-2262.08Juveniles; substance abuse or noncriminal violations of probation; administrative sanctions; probation officer; duties; powers; county attorney; file action to revoke probation; when
§ 29-2263Probation; term; court; powers; probation obligation satisfied, when; probationer outside of jurisdiction without permission; effect
§ 29-2264Probation; completion; conviction may be set aside; conditions; retroactive effect
§ 29-2265Probation; transfer or retention of jurisdiction over probationer; determination; effect
§ 29-2266Probation; violation; procedure
§ 29-2267Probation; revocation; procedure
§ 29-2268Probation; violation; court; determination
§ 29-2269Act, how cited
§ 29-2270Individual less than nineteen years of age; conditions of probation
§ 29-2271Individuals less than nineteen years of age; applicability of section
§ 29-2272Individuals less than nineteen years of age; readmission to school; school officials; duties; court review; expulsion; screening for disabilities
§ 29-2273Individuals less than nineteen years of age; establishment of programs; authorized
§ 29-2277Terms, defined
§ 29-2278Community service; sentencing; when; failure to perform; effect; exception to eligibility
§ 29-2279Community service; length
§ 29-2280Restitution; order; when
§ 29-2281Restitution; determination of amount; manner of payment
§ 29-2282Property damage; bodily injury; death; relief authorized
§ 29-2283Collateral payment; effect; setoff
§ 29-2284Probation or parole; revocation; conditions
§ 29-2285Restitution; petition to adjust; procedures
§ 29-2286Restitution; enforcement; by whom
§ 29-2287Restitution; effect on civil action
§ 29-2288Restitution; imposed on organization; persons liable to pay; failure; effect
§ 29-2289Victim's Compensation Fund; subrogation; subordination
§ 29-2290Test, counseling, and reports; when required; Department of Correctional Services; Department of Health and Human Services; duties; cost; appeal; effect
§ 29-2291Misdemeanor domestic violence conviction; notification to defendant; State Court Administrator's Office; duty
§ 29-2301Appeal; notice; effect
§ 29-2302Misdemeanor cases; appeal; recognizance
§ 29-2303Felony cases; appeal; custody of person convicted; escape; procedures
§ 29-2305Appeal; dismissed; conviction affirmed; procedure; defendant; credit for time incarcerated
§ 29-2306Criminal case; docket fee; when paid by county; in forma pauperis; costs
§ 29-2308Reduction of sentence; conditions
§ 29-2315Prosecuting attorney, defined
§ 29-2315.01Appeal by prosecuting attorney; application; procedure
§ 29-2315.02Error proceedings by county attorney; appointment of counsel for defendant; fee
§ 29-2316Error proceedings by prosecuting attorney; decision on appeal; effect
§ 29-2317Notice of intent to appeal to district court; procedure
§ 29-2318Appeal of ruling or decision; counsel for defendant; appointment; fees
§ 29-2319Exception proceedings by prosecuting attorney; decision of district court; effect
§ 29-2320Appeal of sentence by prosecuting attorney or Attorney General; when authorized
§ 29-2321Appeal of sentence by prosecuting attorney or Attorney General; procedure
§ 29-2322Appeal of sentence by prosecutor; review; considerations
§ 29-2323Appeal of sentence by prosecutor; sentencing alternatives
§ 29-2324Appeal of sentence by prosecutor; credit for time served
§ 29-2325Appeal of sentence by prosecutor; defendant's right to appeal not affected
§ 29-2326Appeal; no oral argument; when
§ 29-2327District court; Court of Appeals; Supreme Court; remit assessment
§ 29-2401Execution of sentences; conviction of felony; delivery of prisoner to Department of Correctional Services
§ 29-2402Delivery of prisoner to Department of Correctional Services; powers and duties of sheriff
§ 29-2403Person sentenced to county jail; commitment procedure
§ 29-2404Misdemeanor cases; fines and costs; judgment; levy; commitment
§ 29-2405Imprisonment for fine and costs; hard labor
§ 29-2406Sentence to cell; execution when no cell in jail
§ 29-2407Judgments for fines, costs, and forfeited recognizances; lien; exemptions; duration
§ 29-2408Judgments for fines, costs, and forfeited recognizances; execution
§ 29-2409Replevy of fine and costs; recognizance; breach; effect
§ 29-2410Replevy of fine and costs; effect
§ 29-2411Judgments for fines, costs, and forfeited recognizances; execution in other counties
§ 29-2412Fine and costs; nonpayment; commutation upon confinement; credit; amount
§ 29-2413Judgments for fines and costs; execution in another county or against real estate; filing of transcript in district court
§ 29-2414Sentence to hard labor; employment of convicts in jail
§ 29-2415Jail convict labor; disposition of proceeds
§ 29-2519Statement of intent
§ 29-2520Aggravation hearing; procedure
§ 29-2521Sentencing determination proceeding
§ 29-2521.01Legislative findings
§ 29-2521.02Criminal homicide cases; review and analysis by Supreme Court; manner; judicial notice
§ 29-2521.03Criminal homicide cases; appeal; sentence; Supreme Court review
§ 29-2521.04Criminal homicide cases; Supreme Court review and analyze; district court; provide records
§ 29-2521.05Aggravating circumstances; interlocutory appeal prohibited
§ 29-2522Sentence; considerations; determination; contents
§ 29-2523Aggravating and mitigating circumstances
§ 29-2524Sections; how construed
§ 29-2524.01Criminal homicide; report filed by county attorney; contents; time of filing
§ 29-2524.02State Court Administrator; criminal homicide report; provide forms
§ 29-2525Capital punishment cases; appeal; procedure; expedited opinion
§ 29-2527Briefs; payment for printing by county
§ 29-2528Death penalty cases; Supreme Court; orders
§ 29-2537Convicted person; appears to be incompetent; notice to judge; suspend sentence; commission appointed; findings; suspension of execution; when; annual review
§ 29-2538Suspension of execution pending investigation; convict found competent; Supreme Court; appoint a day of execution
§ 29-2539Commission members; mileage; payment
§ 29-2540Female convicted person; pregnant; notice to judge; procedures
§ 29-2541Female convicted person; finding convicted person is pregnant; judge; duties; costs
§ 29-2542Escaped convict; return; notify Supreme Court; fix date of execution
§ 29-2543Person convicted of crime sentenced to death; Supreme Court; warrant
§ 29-2546Reversal of judgment of conviction; delivery of convicted person to custody of sheriff; await further judgment and order of court
§ 29-2639Compact, how cited
§ 29-2640Interstate Compact for Adult Offender Supervision
§ 29-2701Fines, costs, forfeited recognizances; to whom paid
§ 29-2702Money received; disposition
§ 29-2703Costs; county not liable; exception
§ 29-2704Preliminary examinations for felony; transcript of costs; audit; allowance; payment
§ 29-2705Clerk of district court; cost bill in felony cases; payment
§ 29-2706Conviction in felony cases; fines and costs; collection from defendant; disposition of amount collected
§ 29-2708Receipts; to what funds credited; disbursement of costs in criminal cases
§ 29-2709Uncollectible costs; certification; payment; conditions
§ 29-2710Witness fees; criminal cases in district court; by whom paid
§ 29-2801Habeas corpus; writ; when allowed
§ 29-2802Writ; applicant; to be taken before judge; return
§ 29-2803Habeas corpus; applicant; subpoena for witnesses
§ 29-2804Subpoena; duty of witness; noncompliance; penalty
§ 29-2805Habeas corpus; hearing by court or judge; procedure
§ 29-2806Habeas corpus; disposition of cause
§ 29-2807Writ; failure to obey; penalty
§ 29-2808Writ; failure to issue; penalty
§ 29-2809Applicant discharged; rearrest for same offense prohibited; penalty; exceptions
§ 29-2810Person in custody of officer; delivery to another officer prohibited; penalty; exceptions
§ 29-2811Accessories before the fact in capital cases; not bailable
§ 29-2812Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception
§ 29-2813False imprisonment; penalties; action for; limitation
§ 29-2814Warrant or commitment; defects; when harmless
§ 29-2815Applicant in custody of person not an officer; form of writ
§ 29-2816Writ; service and return
§ 29-2817Writ; return by person detaining; contents
§ 29-2818Writ; return by person detaining; signature and verification
§ 29-2819Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs
§ 29-2820Writ; person detaining; how designated
§ 29-2821Writ; person detained; how designated
§ 29-2822Writ; order for safekeeping of person detained
§ 29-2823Habeas corpus proceedings; review; procedure; bail pending appeal
§ 29-2824Habeas corpus proceedings; fees; taxation as costs; payment by county; payment in advance not demandable
§ 29-2922Act, how cited
§ 29-2923Terms, defined
§ 29-2924Sentences authorized
§ 29-2925Department of Correctional Services; Department of Health and Human Services; duties; evaluation of offender
§ 29-2926Determination that treatment is not appropriate; review; procedure; no appeal
§ 29-2928Treatment in inpatient treatment program; determination; procedure; departments; duties
§ 29-2929Inpatient treatment program; annual review and progress reports; uncooperative offender; transfer; credit for time in treatment
§ 29-2930Inpatient treatment program; aftercare treatment program; individual discharge plan
§ 29-2934Person committed under prior law; procedures
§ 29-2935Department of Health and Human Services; access to data and information for evaluation; authorized
§ 29-2936Rules and regulations
§ 29-3001Postconviction relief; motion; procedure; costs
§ 29-3002Postconviction relief; order; appeal; recognizance
§ 29-3003Postconviction remedy; cumulative; dismissal; when
§ 29-3004Appointment of counsel; competency and effectiveness; compensation
§ 29-3101Arrest of accused person illegally in state; release; violation; warrant; documents filed; notify county attorney
§ 29-3102Removal; hearing; rights of person accused; conditions for release
§ 29-3103Order; return to demanding court
§ 29-3104Severability
§ 29-3105Sections, how construed
§ 29-3106Act, how cited
§ 29-3201Terms, defined
§ 29-3202Witness; summoning in this state to testify in another state; procedure
§ 29-3203Order; conditions; contents
§ 29-3204Order; mileage and expenses; order effective, when; conditions
§ 29-3205Sections; exceptions
§ 29-3206Prisoner from another state summoned to testify in this state; procedure
§ 29-3207Order; compliance
§ 29-3208Exemptions from arrest and personal service
§ 29-3209Sections, how construed
§ 29-3210Act, how cited
§ 29-3301Terms, defined
§ 29-3302Orders authorizing identification procedures; who may issue
§ 29-3303Order; issuance; requirements
§ 29-3304Order; when not required
§ 29-3305Order; contents
§ 29-3306Order; service; return
§ 29-3307Contempt; penalty
§ 29-3401Interstate corrections compact
§ 29-3402Department of Correctional Services; powers
§ 29-3501Act, how cited
§ 29-3502Sections; purposes
§ 29-3503Definitions; sections found
§ 29-3504Administration of criminal justice, defined
§ 29-3505Commission, defined
§ 29-3506Criminal history record information, defined
§ 29-3507Complete, defined
§ 29-3508Criminal history record information system or system, defined
§ 29-3509Criminal justice agency, defined
§ 29-3510Direct access, defined
§ 29-3511Disposition, defined
§ 29-3512Operator, defined
§ 29-3513Person, defined
§ 29-3514Person in interest, defined
§ 29-3515Criminal justice agency; criminal history record information; maintain
§ 29-3516Criminal justice agency; disposition of cases; report; procedure; commission; forms; rules and regulations; adopt
§ 29-3517Criminal justice agency; criminal history record information; process; assure accuracy
§ 29-3518Criminal history record information; access; restrictions; requirements
§ 29-3519Criminal justice information systems; computerized; access; limitations; security; conditions
§ 29-3520Criminal history record information; public record; criminal justice agencies; regulations; adopt
§ 29-3521Information; considered public record; classifications
§ 29-3522Criminal justice agency records; application to inspect; unavailable; procedure to provide records
§ 29-3523Criminal history record information; notation of an arrest; dissemination; limitations; removal; expungement
§ 29-3524Criminal justice agencies; fees; assessment
§ 29-3525Criminal history record information; review by person in interest; identity; verification
§ 29-3526Commission; powers and duties; rules and regulations
§ 29-3527Violations; penalty
§ 29-3528Violations; person aggrieved; remedies
§ 29-3601Legislative findings
§ 29-3602Pretrial diversion program; established
§ 29-3603Pretrial diversion plan for criminal offenses; requirements
§ 29-3604Driving while intoxicated, implied consent refusal; not eligible for pretrial diversion
§ 29-3605Minor traffic violations; terms, defined
§ 29-3606Minor traffic violations; pretrial diversion plan; driver's safety training program
§ 29-3607Minor traffic violations; driver's safety training program; certificate; fee
§ 29-3608Minor traffic violations; pretrial diversion program; eligibility
§ 29-3609Minor traffic violations; applicability
§ 29-3701Verdict of acquittal; probable cause hearing; finding; referral or confinement; evaluations; conditions of confinement; order; preparation of treatment plan; contents
§ 29-3702Evidentiary hearing; determination; release or court-ordered treatment; personnel at facility violating order of commitment; contempt
§ 29-3703Trial court; person found not responsible by reason of insanity; review records; conduct hearing; evaluation; treatment program; discharge plan; compliance with conditions; reports
§ 29-3704Hearing; person's rights
§ 29-3705Person acquitted prior to May 29, 1981; jurisdiction of trial court; petition; hearing
§ 29-3706Records of proceedings; part of criminal case records; medical and psychiatric records; how treated
§ 29-3801Terms, defined
§ 29-3802Notice of untried charges and rights; director; duties
§ 29-3803Prisoner; request final disposition; director; duties
§ 29-3804Prosecutor; require prisoner's attendance; procedure
§ 29-3805Untried charges; trial; when
§ 29-3806Temporary custody; conditions; limitations
§ 29-3807Escape from custody; effect
§ 29-3808Mentally ill person; sections not applicable
§ 29-3809Transportation costs; how paid
§ 29-3901Terms, defined
§ 29-3902Indigent defendant; right to counsel
§ 29-3903Indigent defendant; right to counsel; appointment
§ 29-3904Appointment of other counsel; when
§ 29-3905Appointed counsel; fees and expenses
§ 29-3906Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation
§ 29-3907Counsel; right to consult with accused privately
§ 29-3908Indigent; reimburse county for costs; when
§ 29-3909Judicial district public defender; established
§ 29-3910Judicial district public defender; determination; district judge; conditions; certification to Governor; salary
§ 29-3911Judicial district public defender; appointment; salary; payment
§ 29-3912Judicial district public defender; office; equipment; personnel
§ 29-3913Judicial district public defender; election; term
§ 29-3914Judicial district public defender; qualifications
§ 29-3915Persons entitled to representation
§ 29-3916Application for counsel; inquiry by court or magistrate; waiver of counsel
§ 29-3917Office of public defender; abolished; when
§ 29-3918Special counsel; appointment; procedure; cost; payment
§ 29-3919Act, how cited
§ 29-3920Legislative findings
§ 29-3921Commission on Public Advocacy Operations Cash Fund; created; use; investment; study of juvenile legal defense and guardian ad litem systems
§ 29-3922Terms, defined
§ 29-3923Commission on Public Advocacy; created; duties
§ 29-3924Commission; members; term
§ 29-3925Commission; chairperson; expenses
§ 29-3926Commission; quorum
§ 29-3927Commission; duties
§ 29-3928Chief counsel; qualifications; salary
§ 29-3929Chief counsel; duties
§ 29-3930Commission; divisions established
§ 29-3933Request for reimbursement; requirements
§ 29-4001Act, how cited
§ 29-4001.01Terms, defined
§ 29-4002Legislative findings
§ 29-4003Applicability of act
§ 29-4004Registration; location; sheriff; duties; Nebraska State Patrol; duties; name-change order; treatment
§ 29-4005Registration duration; reduction in time; request; proof
§ 29-4006Registration format; contents; consent form; verification; name change; duties; information provided to sheriff; violation; warrant
§ 29-4007Sentencing court; duties; Department of Correctional Services or local facility; Department of Motor Vehicles; notification requirements; Attorney General; approve form
§ 29-4008False or misleading information prohibited; updates required
§ 29-4009Information not confidential; limit on disclosure
§ 29-4011Violations; penalties; investigation and enforcement
§ 29-4012Immunity from liability
§ 29-4013Rules and regulations; release of information; duties; access to public notification information; access to documents
§ 29-4014Person committed to Department of Correctional Services; attend sex offender treatment and counseling programming
§ 29-4015Act, how cited
§ 29-4016Terms, defined
§ 29-4017Political subdivision restrictions on sex offender residency; requirements
§ 29-4018Offense requiring civil commitment evaluation; sentencing court; duties
§ 29-4019Offense requiring lifetime community supervision; sentencing court; duties
§ 29-4101Act, how cited
§ 29-4102Legislative findings
§ 29-4103Terms, defined
§ 29-4104State DNA Data Base; established; contents; Nebraska State Patrol; duties
§ 29-4105DNA samples and records; access restrictions; Nebraska State Patrol; duties
§ 29-4106Person subject to DNA sample; payment of costs
§ 29-4106.01DNA samples; collection method choice
§ 29-4107DNA samples; persons authorized to obtain samples; immunity
§ 29-4108DNA samples and DNA records; confidentiality
§ 29-4109DNA record; expungement; procedure
§ 29-4110Unlawfully obtaining or possessing DNA samples or records; penalty
§ 29-4111Unlawful disclosure for pecuniary gain; penalty; attorney's fees
§ 29-4112Injunction
§ 29-4113DNA samples; additional offenses; Nebraska State Patrol; duties
§ 29-4114Rules and regulations
§ 29-4115Act; how construed
§ 29-4115.01State DNA Sample and Data Base Fund; created; use; investment
§ 29-4116Act, how cited
§ 29-4117Legislative intent
§ 29-4118Legislative findings
§ 29-4119Exculpatory evidence, defined
§ 29-4120DNA testing; procedure
§ 29-4121DNA testing; costs
§ 29-4122Appointed counsel; when
§ 29-4123DNA testing results; effect
§ 29-4124Act; how construed
§ 29-4125Biological material; secured; when
§ 29-4126Limitations on obtaining and using samples
§ 29-4201Legislative intent
§ 29-4202Audiovisual court appearance; when permitted
§ 29-4204Audiovisual communication system and facilities; requirements
§ 29-4205Audiovisual court appearance; procedures
§ 29-4206District court; accept written waiver of arraignment and plea of not guilty; form
§ 29-4207Rules of practice and procedure
§ 29-4301Legislative findings
§ 29-4302Terms, defined
§ 29-4303Confidential communications; disclosure; when
§ 29-4304Confidential communications; waiver; sections, how construed
§ 29-4305Law enforcement agencies, prosecuting attorneys, and Office of Probation Administration; duties
§ 29-4306Collection of evidence; requirements
§ 29-4401Presentence investigation; sentence suspension; probation; court orders; considerations
§ 29-4402House arrest; prohibited
§ 29-4501Legislative findings
§ 29-4502Terms, defined
§ 29-4503Electronic recordation of statements and waiver of rights required; when
§ 29-4504Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction
§ 29-4505Defendant; testimony contrary to statement; use of statement authorized
§ 29-4506Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence
§ 29-4507Statement obtained out-of-state or by federal law enforcement officer; admissible; when
§ 29-4508Inaudible portions; how treated
§ 29-4601Act, how cited
§ 29-4602Legislative findings
§ 29-4603Recovery; claimant; proof required
§ 29-4604Recovery of damages; determination of amount; restrictions
§ 29-4605Extinguishment of lien for costs of defense services
§ 29-4606Provision of services to claimant; how treated
§ 29-4607Filing of claim
§ 29-4608Claimant; rights; recovery under act; effect

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Questions & Answers: Criminal Procedure

Does anyone have a template Motion to revoke or release a bond ? A bail bond agent needs to file a motion to remove himself as bail bond security ? The person is back in jail and...
A friend recently went to a routine parole appointment and was violated. His monitoring bracelet said he wasn't home at night, which isn't true. He has been locked up 2 weeks witho...
If a person living in someone else's house is arrested as a result of (drug) items found due to a search warrant in the homeowners name, for other(weapons) items not found, can the...
Nothing sorry...
can a police officer accept evidence from a victim for prosecution against a suspect, then have that same victim which is a notary public do a divorse for him so he wouldnt have to...
If your incarcerated on the charge does the state have three indictment terms to indict you?...

U.S. Constitution Provisions: Criminal Procedure

 U.S. Constitution 5th Amendment
 U.S. Constitution 6th Amendment

U.S. Code Provisions: Criminal Procedure

U.S. Code > Title 18 > Part II - Criminal Procedure
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