If the defendant pleads guilty to a misdemeanor or violation of the charges, the court immediately convicts the defendant or sets a sentencing date and orders the preparation of a preliminary inquiry by the county probation department, depending on the seriousness of the crime. The Pre-Sentence Inquiry (P.S.I.) is a report that provides the court with general information about the accused, including any criminal record. Before the trial, the court may hear applications from the defendant or the United States. These may include requests for suppression of evidence, forced disclosure or clarification of other legal issues. In most cases, witnesses are not required for the hearing of the application. If a witness is required for this hearing, he or she will receive notification from the U.S. District Attorney`s Office. During sentencing and before the verdict is pronounced, a victim may appeal to the court and provide an explanation of the victim`s impact. Most trials are heard by a judge. However, because a crime can result in jail time if convicted, a jury trial application can be made to request that your case be heard by a jury.
A jury is a group of people – 12 in the district court – who are chosen from the community to hear the facts and decide the guilt or innocence of the accused. The Circuit Court has jurisdiction over all defendants accused of committing crimes that have been deemed crimes by the state legislature. A felony is a crime punishable by death or imprisonment in a state prison. If convicted, the judge will determine a sentence in accordance with the guidelines of Chapter 28 of the Revised Statutes of Nebraska. The penalty may include imprisonment or imprisonment, a fine, payment of damages to a victim or a period of supervision by a probation officer. Go to “About Probation in Nebraska” An attendance test may be ordered to ensure that the judge has information about the defendant and the situation to ensure that the sentence is appropriate for the crime. The court may give the defendant time to pay a fine or other amounts owing. The following flowchart for crime cases can help you understand what`s going on in court. Anyone who has filed charges in court must pay court fees under Nebraska law and be listed in the table of waivers/fines.
Nebraska County courts do not accept credit or debit card payments. Cheques may be accepted by the court if the amount owing is not a deposit for non-payment or non-appearance or a money order for non-payment. The court will also consider seeking compensation from the accused for victims who have suffered physical or financial harm as a result of the crime. If you are a victim, you must cooperate fully with the U.S. Attorney General`s Office and the U.S. Parole Service to prepare a statement about the impact of the crime and the need for reparation. A victim impact statement is a written description of your physical, psychological, emotional and financial injuries that occurred as a direct result of the crime. A victim impact statement will be read by the judge, who will find the accused guilty. The circuit court is also competent to hear all cases in which a child is accused of having committed a criminal offence or an offence against the law. An offender complaint is filed by a law enforcement officer if a juvenile is accused of committing a felony, misdemeanor, contempt of court or violation of a local order.
The city court may hear cases of misdemeanors or violations of state criminal law or violations of local regulations. The Municipal Court also hears cases relating to criminal offences before transferring them to the District Court. If the defendant is in the custody of the sheriff, the court may either release the defendant on its own or fix bail. If the defendant or a third party files a deposit on behalf of the defendant and the defendant fails to appear at subsequent hearings, the deposit may be forfeited. This part of the manual aims to explain how a crime moves through the justice system. Each step is explained in the following sections. Cookies are not required at all stages of the process. Most witnesses are invited to appear in court only for a preliminary hearing, grand jury hearing, witness conference, or trial.
Problem-solving courts are available in some areas so that accused can work with the help of a local judge and professionals to resolve issues and avoid conviction and potential jail time. Information about problem-solving courts can be found here: supremecourt.nebraska.gov/probation/adult/problem-solving-courts. Criminal proceedings are initiated by the filing of an indictment with a criminal court.