Nebraska Statutes 29-404. Complaint; filing;procedure; warrant; issuance
No complaint shall be filed with the magistrate unless such complaint is in writing and signed by the prosecuting attorney or by any other complainant. If the complainant is a person other than the prosecuting attorney or a city or village attorney prosecuting the violation of a municipal ordinance, he or she shall either have the consent of the prosecuting attorney or shall furnish to the magistrate a bond with good and sufficient sureties in such amount as the magistrate shall determine to indemnify the person complained against for wrongful or malicious prosecution. Whenever a complaint shall be filed with the magistrate, charging any person with the commission of an offense against the laws of this state, it shall be the duty of such magistrate to issue a warrant for the arrest of the person accused, if he or she has reasonable grounds to believe that the offense charged has been committed. The prosecuting attorney shall consent to the filing of such complaint if he or she is in possession of sufficient evidence to warrant the belief that the person named as defendant in such complaint is guilty of the crime alleged and can be convicted thereof. The Attorney General shall have the same power to consent to the filing of complaints as the prosecuting attorneys have in their respective counties.
Source
- G.S.1873, c. 58, § 286, p. 790;
- R.S.1913, § 8940;
- C.S.1922, § 9964;
- C.S.1929, § 29-404;
- R.S.1943, § 29-404;
- Laws 1965, c. 148, § 1, p. 490;
- Laws 1975, LB 168, § 2;
- Laws 1977, LB 497, § 1;
- Laws 2011, LB669, § 21.
Terms Used In Nebraska Statutes 29-404
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
- Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801