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743 sections in this chapter.
Neb. Rev. Stat. § 29-1001 Prisoner; where confined.
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Whenever it shall be lawful and necessary to confine any prisoner in custody previous to conviction upon a criminal accusation, or in custody for contempt or alleged contempt of court, or upon an attachment by order of a court or judge, or otherwise in lawful custody, or upon con…
Neb. Rev. Stat. § 29-1007 Custody awaiting trial; deadline; release after hearing.
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A defendant charged with any offense or offenses shall not be held in custody awaiting trial on such offense or offenses for a period of time longer than the maximum possible sentence of imprisonment authorized for such offense or offenses. On the next judicial day after expirati…
Neb. Rev. Stat. § 29-101 Terms, usage.
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Unless otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine gender comprehend as well the feminine and neuter. The singular number includes the plural and the plural the singular. The term writing …
Neb. Rev. Stat. § 29-103 Magistrate, defined.
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The term magistrate in this code, when not otherwise expressly stated, shall mean a judge of the county court or clerk magistrate.
Neb. Rev. Stat. § 29-104 Prosecuting attorney, defined.
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The term prosecuting attorney means any county attorney or city attorney or assistant city attorney when such attorney is prosecuting any violation designated as a misdemeanor or traffic infraction.
Neb. Rev. Stat. § 29-105 Code; general and special provisions.
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In the construction of this code each general provision shall be controlled by a special provision on the same subject, if there is a conflict.
Neb. Rev. Stat. § 29-106 Code and other law; construe according to plain import of language.
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This code and every other law upon the subject of crime which may be enacted shall be construed according to the plain import of the language in which it is written, without regard to the distinction usually made between the construction of penal laws and laws upon other subjects…
Neb. Rev. Stat. § 29-107 Person or other general term, when protection of property intended; meaning.
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Whenever any property or interest is intended to be protected by a provision of the penal law, and the general term person or any other general term is used to designate the party whose property is intended to be protected, the provisions of such penal laws and the protection the…
Neb. Rev. Stat. § 29-108 Signature, how construed.
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The word signature includes the mark of a person unable to write his name; a mark shall have the same effect as a signature when the name is written by some other person and the mark is made near thereto by the person unable to write his name.
Neb. Rev. Stat. § 29-109 Terms not defined, how construed; titles, treatment.
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Except where a word, term or phrase is specially defined, all words used in this code are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed. The titl…
Neb. Rev. Stat. § 29-110 Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions.
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(1) Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed before the magistrate within three…
Neb. Rev. Stat. § 29-1105 Recognizance forfeited; recovery notwithstanding defects.
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No action brought on any recognizance shall be barred or defeated, nor shall judgment thereon be reversed by reason of any neglect or omission to note or record the default, nor by reason of any defect in the form of the recognizance if it sufficiently appears from the tenor ther…
Neb. Rev. Stat. § 29-1106 Recognizance forfeited; when.
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When there is a breach of condition of a recognizance, the court shall declare a forfeiture of the bail.
Neb. Rev. Stat. § 29-1107 Recognizance forfeited; set aside; conditions.
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The court may direct that a forfeiture of the recognizance be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.
Neb. Rev. Stat. § 29-1108 Recognizance forfeited; motion; notice; judgment; cash deposit, disposition.
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When a forfeiture of a recognizance has not been set aside, the court in which the proceeding is pending shall on motion enter a judgment of default and execution may issue thereon. Where a cash deposit has been made in lieu of a surety or sureties as provided in section 29-901, …
Neb. Rev. Stat. § 29-1109 Recognizance forfeited; judgment; remission; conditions.
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After entry of such judgment on the recognizance, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture as provided in section 29-1107.
Neb. Rev. Stat. § 29-111 Fines and punishments; how enforced.
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All fines and punishments provided for in this code shall be enforced by the procedure provided for in this code so far as such procedure extends or can be made applicable.
Neb. Rev. Stat. § 29-1110 Recognizance forfeited; satisfaction; forfeiture set aside or remitted; exoneration of surety.
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When the conditions of the recognizance have been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surr…
Neb. Rev. Stat. § 29-112 Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote.
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Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is incompetent to be a juror or to hold any office of honor, trust, or profit within this state, unless such person receives from the Board of Pardons of this state a warrant of dis…
Neb. Rev. Stat. § 29-112.01 Restoration of civil rights; felon; procedure.
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Any person sentenced to be punished for any felony, when the sentence is other than confinement in a Department of Correctional Services adult correctional facility, shall be restored to such civil rights as enumerated or limited by the Board of Pardons upon receipt from the Boar…
Neb. Rev. Stat. § 29-113 Felon of other states; disqualified as juror or officeholder; right to vote.
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Any person who has been convicted of a felony under the laws of any other state shall be deemed incompetent to be a juror or to hold any office of honor, trust, or profit within this state unless such person has been restored to civil rights under the laws of the state in which t…
Neb. Rev. Stat. § 29-115 Suppression of statement by defendant; filing of motion; when made; failure to object before trial; effect; exceptions; effect.
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Any person aggrieved by a statement taken from him or her which is not a voluntary statement, or any statement which he or she believes was taken from him or her in violation of the fifth or sixth amendments of the Constitution of the United States, may move for suppression of su…
Neb. Rev. Stat. § 29-116 Suppression of statement by defendant; order granting suppression; review; procedure; appeal.
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(1) In addition to any other rights of appeal, the state shall have the right to appeal from an order granting a motion for the suppression of statements alleged to be involuntary or in violation of the fifth or sixth amendments of the Constitution of the United States in the man…
Neb. Rev. Stat. § 29-117 Suppression of statement by defendant; application for review; filing; when.
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The application for review provided in section 29-116 shall be accompanied by a copy of the order of the trial court granting the motion to suppress and a bill of exceptions containing all of the evidence, including affidavits, considered by the trial court in its ruling on the m…
Neb. Rev. Stat. § 29-118 Suppression of statement by defendant; order granting suppression; review; trial court; duties.
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In making an order granting a motion to suppress a statement, the trial court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting attorney may file a notice with the clerk of such court of his or her intention to seek a review…
Neb. Rev. Stat. § 29-1201 Prisoner held without indictment; discharge or recognizance; when.
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Any person held in jail charged with an indictable offense shall be discharged if he or she is not indicted at the term of court at which he or she is held to answer, unless such person is committed to jail on such charge after the rising and final report of the grand jury for th…
Neb. Rev. Stat. § 29-1205 Right of accused to a speedy trial; preferences.
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To effectuate the right of the accused to a speedy trial and the interest of the public in prompt disposition of criminal cases, insofar as is practicable: (1) The trial of criminal cases shall be given preference over civil cases; and (2) The trial of defendants in custody and d…
Neb. Rev. Stat. § 29-1206 Continuance; how granted.
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Applications for continuances shall be made in accordance with section 25-1148, but in criminal cases in the district court the court shall grant a continuance only upon a showing of good cause and only for so long as is necessary, taking into account not only the request or cons…
Neb. Rev. Stat. § 29-1207 Trial within six months; time; how computed.
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(1) Every person indicted or informed against for any offense shall be brought to trial within six months, and such time shall be computed as provided in this section. (2) Such six-month period shall commence to run from the date the indictment is returned or the information file…
Neb. Rev. Stat. § 29-1208 Discharge from offense charged; when.
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If a defendant is not brought to trial before the running of the time for trial as provided for in section 29-1207, as extended by excluded periods, he or she shall be entitled to his or her absolute discharge from the offense charged and for any other offense required by law to …
Neb. Rev. Stat. § 29-1209 Failure of defendant to move for discharge prior to trial or entry of plea; effect.
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Failure of the defendant to move for discharge prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to speedy trial.
Neb. Rev. Stat. § 29-122 Criminal responsibility; intoxication; not a defense; exceptions.
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A person who is intoxicated is criminally responsible for his or her conduct. Intoxication is not a defense to any criminal offense and shall not be taken into consideration in determining the existence of a mental state that is an element of the criminal offense unless the defen…
Neb. Rev. Stat. § 29-1301 Venue; change; when allowed.
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All criminal cases shall be tried in the county where the offense was committed, except as otherwise provided in section 25-412.03 or sections 29-1301.01 to 29-1301.04, or unless it shall appear to the court by affidavits that a fair and impartial trial cannot be had therein. In …
Neb. Rev. Stat. § 29-1301.01 Venue; crime committed in different counties.
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If any person shall commit an offense against the person of another, such accused person may be tried in the county in which the offense is committed, or in any county into or out of which the person upon whom the offense was committed may, in the prosecution of the offense, have…
Neb. Rev. Stat. § 29-1301.02 Venue; crime committed on moving means of transportation.
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When an offense is committed in this state, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of its voyage, or on a railroad train, or car, motor vehicle, common carrier transporting passengers, or on an aircraft prosecuting …
Neb. Rev. Stat. § 29-1301.03 Venue; jurisdiction in two or more counties; effect of conviction or acquittal.
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Where an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.
Neb. Rev. Stat. § 29-1301.04 Venue; crime committed using an electronic communication device.
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(1) If a person uses an electronic communication device to commit any element of an offense, such person may be tried in the county where the electronic communication was initiated or where the electronic communication was received. (2) For purposes of this section: (a) Electroni…
Neb. Rev. Stat. § 29-1302 Change of venue; how effected; costs; payment.
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When the venue is changed, the clerk of the court in which the indictment was found shall file a certification of the case file and costs, which together with the original indictment, shall be transmitted to the clerk of the court to which the venue is changed, and the trial shal…
Neb. Rev. Stat. § 29-1303 Change of venue; transfer of prisoner.
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When a court has ordered a change of venue, a warrant shall be issued by the clerk, directed to the sheriff, commanding him safely to convey the prisoner to the jail of the county where he is to be tried, there to be safely kept by the jailer thereof until discharged by due cours…
Neb. Rev. Stat. § 29-1304 Change of venue; witnesses recognized to appear.
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When a change of venue is allowed, the court shall recognize the witnesses on the part of the state to appear before the court in which the prisoner is to be tried.
Neb. Rev. Stat. § 29-1305 Venue; crime committed on county line.
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When an offense shall be committed on a county line, the trial may be in either county divided by such line; and where any offense shall be committed against the person of another, and the person committing the offense shall be in one county, and the person receiving the injury s…
Neb. Rev. Stat. § 29-1306 Venue; death occurring in another county or state.
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If any person shall give any mortal blow or administer any poison to another, in any county within this state, with intent to kill, and the party so stricken or poisoned thereof shall die in any other county or state, the person giving such mortal blow or administering such poiso…
Neb. Rev. Stat. § 29-1307 Venue; receiver of stolen property.
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Whenever any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicted in any county where he received or had such property, notwithstanding the theft was committed in another cou…
Neb. Rev. Stat. § 29-1401 Grand jury; when called; death while being apprehended or in custody; procedures.
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(1) The district courts are hereby vested with power to call grand juries. (2) A grand jury may be called and summoned in the manner provided by law on such day of a regular term of the district court in each year in each county of the state as the district court may direct and a…
Neb. Rev. Stat. § 29-1401.02 Grand jury by petition; procedure; failure to call; filing.
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The procedure for calling a grand jury by petition of the registered voters of the county shall be as follows: (1) The petitions shall be filed in the office of the clerk of the district court, comply with the requirements in section 29-1401, and be filed without a filing fee; (2…
Neb. Rev. Stat. § 29-1402 Grand jury; convening; no limitation on right to prosecute by information.
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The convening of a grand jury shall in no way limit the right of prosecution on information or complaint during the time the grand jury is in session.
Neb. Rev. Stat. § 29-1403 Foreman; appointment.
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When the grand jury shall be impaneled the court shall appoint one of the number foreman.
Neb. Rev. Stat. § 29-1404 Foreperson; oath or affirmation; form.
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(1) Except as provided in subsection (2) of this section, when the foreperson shall be appointed, an oath or affirmation shall be administered to him or her in the following words: Saving yourself and fellow jurors, you, as foreperson of this grand inquest, shall diligently inqui…
Neb. Rev. Stat. § 29-1405 Jurors; oath or affirmation; form.
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Thereupon the following oath or affirmation shall be administered to the other grand jurors: The same oath which A. B., your foreman, hath now taken before you on his part, you, and each of you, shall well and truly observe and keep on your respective parts.
Neb. Rev. Stat. § 29-1406 Judge; charge to jury; instruction as to powers and duties.
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(1) The grand jury, after being sworn, shall be charged as to their duty by the judge, who shall call their attention particularly to the obligation of secrecy which their oaths impose, and to such offenses as he or she is by law required to specially charge. (2) Upon impanelment…