Usually filed in District Court after a felony has been bound over from County Court. The defendant has already been tried, acquitted, punished or pardoned for the same offense. The facts in the indictment do not constitute an offense punishable by the laws of this state, or when the intent is not alleged, when proof of it is necessary to make out the offense charged. Furthermore, the Plea in abatement must be signed by client and notarized.ĭemurrer to indictment. To preserve this argument for the record, the defendant must stand mute at his arraignment in District Court. Claiming insufficiency of the evidence at the preliminary hearing to show probable cause. Usually Filed in District Court after a felony is bound over from County Court. When there is a defect in the record shown by facts extrinsic thereto. When there is a defect apparent on the face of the record, including defects in the form of the indictment in the way an offense is charged. In the rare case that a grand jury is used to indict the defendant, the District Court may dismiss the indictment if a grand jury finding of probable cause is not supported by the record. Motion to test the validity of an indictment. Used when it appears that the defendant is not mentally competent to stand trial. This is a form we use to say “Not Guilty” for our clients in courts that allow arraignment waiver forms.Įxamination and hearing on competency. We inform the court that we represent the client.Įntry of plea. There is also a constitutional right to a jury trial under the 6th and 14th amendments for crimes punishable by more than six months. For non-Class I misdemeanors, demand must be made within 10 days of non-guilty plea. Statutory right to jury trial on Class I Misdemeanors and above. The board generally will not consider pardoning a misdemeanor until three years have passed or a felony until 10 years have passed. The board of pardons may pardon a criminal conviction. We consolidated the information below to define Nebraska criminal defense terms and procedures to both the accused and/or out-of-state attorneys:Īpplication for Pardon. While federal criminal defense terms and procedures are usually familiar to out-of-state attorneys, Nebraska’s terms and procedures often differ from those of other states. We often work with out-of-state attorneys in serious felony and federal cases who have clients in Nebraska. However, there are moments in every case in which a client needs to understand exactly what is going on. Most persons charged with crimes are more concerned about their reputation, time, and money than the mechanics of the Nebraska judicial system. When a client comes to see us, they often just want to solve a problem.
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