reglab/housing_qa huggingface dataset:
NE Code § 29-910 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-910 - Pretrial release agency; designation; order; contents.

29-910.  Pretrial release agency; designation; order; contents.In the event the district court shall designate an official pretrial release agency, an order designating such agency shall be filed with the clerk of each district court in such district and shall affect all courts within such district. The order shall set out the name of the agency, its sponsoring agencies, if any, and the terms and conditions under which such agency shall operate.Source   Laws 1971, LB 412, § 2;   Laws 1972, LB 1249, § 2;   Laws 1984, LB 13, § 59.
NE Code § 29-1001 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1001 - Prisoner; where confined.

29-1001.  Prisoner; where confined.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 conviction for any offense, the officer or person having him in such custody may convey him to and confine him in the jail of any county in this state, or other secure and convenient place of confinement in this state, to be procured by such officer or person having such prisoner in custody.Source   G.S.1873, c. 58, § 377, p. 810;   R.S.1913, § 9010;   C.S.1922, § 10034;   C.S.1929, § 29-1001;   R.S.1943, § 29-1001. Annotations  Counties are obligated to pay costs and expenses of prosecutions, including fees and expenses of attorneys appointed to represent indigent defendants in criminal cases, and there is no requirement that a property tax be levied therefor. Kovarik v. County of Banner, 192 Neb. 816, 224 N.W.2d 761 (1975). Transfer of prisoner sentenced to county jail governed by this section. State v. Curry, 184 Neb. 682, 171 N.W.2d 163 (1969). Sheriff may hold person in custody for contempt of court in secure and convenient place of confinement. Rhodes v. Sigler, 172 Neb. 439, 109 N.W.2d 731 (1961). In confining persons to jail in another county, when there is no secure jail in county, sheriff acts in official capacity, and surety on bond is liable for money received and not accounted for. Martin v. Seeley, 15 Neb. 136, 17 N.W. 346 (1883). Where sheriff has custody of prisoners from two different counties for safekeeping, compensation is no greater than if they came from same county. James v. Lincoln County, 5 Neb. 38 (1876).
NE Code § 29-1007 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1007 - Custody awaiting trial; deadline; release after hearing.

29-1007.  Custody awaiting trial; deadline; release after hearing.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 expiration of such deadline, the defendant shall be released on such defendant's personal recognizance, subject to conditions of release the court may impose after a hearing.Source Laws 2020, LB881, § 22.
NE Code § 29-1105 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1105 - Recognizance forfeited; recovery notwithstanding defects.

29-1105.  Recognizance forfeited; recovery notwithstanding defects.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 thereof at what court the party or witness was bound to appear and that the court or officer before whom it was taken was authorized by law to require and take such recognizance.Source   G.S.1873, c. 58, § 388, p. 812;   R.S.1913, § 9019;   C.S.1922, § 10043;   R.S.1943, § 29-1105. Annotations Lack of specific date for appearance in bail bond did not operate to relieve surety from liability. State v. Casey, 180 Neb. 888, 146 N.W.2d 370 (1966).
NE Code § 29-1106 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1106 - Recognizance forfeited; when.

29-1106.  Recognizance forfeited; when.When there is a breach of condition of a recognizance, the court shall declare a forfeiture of the bail.Source  Laws 1953, c. 88, § 1, p. 259. Annotations  When the defendant failed to appear in court as his bond required, the liability on the bond became absolute and forfeiture was proper. State v. Hart, 198 Neb. 164, 252 N.W.2d 139 (1977). Bail bond was properly forfeited where defendant absconded during trial of case. State v. Reed, 178 Neb. 370, 133 N.W.2d 591 (1965). Action of district court in entering judgment in excess of penalty on bond did not deprive court of jurisdiction. State v. Morse, 171 Neb. 87, 105 N.W.2d 572 (1960). On breach of condition of recognizance, court should declare forfeiture. State v. Konvalin, 165 Neb. 499, 86 N.W.2d 361 (1957); State v. Honey, 165 Neb. 494, 86 N.W.2d 187 (1957). Appeal bond properly forfeited where defendant breached condition that he not violate the law. Trial court did not abuse its discretion by prescribing that the defendant not violate the law as a condition of the appeal bond. State v. Hernandez, 1 Neb. App. 830, 511 N.W.2d 535 (1993).
NE Code § 29-1107 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1107 - Recognizance forfeited; set aside; conditions.

29-1107.  Recognizance forfeited; set aside; conditions.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.Source  Laws 1953, c. 88, § 2, p. 259. Annotations  District court has authority to remit a part or all the penalty of a bail bond in its discretion, to be exercised as to what is right and equitable under circumstances of the individual case. State v. Kennedy, 193 Neb. 472, 227 N.W.2d 607 (1975). Discretion rests in district court to remit all or any part of forfeited bail bond. State v. Reed, 178 Neb. 370, 133 N.W.2d 591 (1965). Action under this section is to be measured in the light of the requirements of justice. State v. Seaton, 170 Neb. 687, 103 N.W.2d 833 (1960). Court may direct that forfeiture of recognizance be set aside. State v. Konvalin, 165 Neb. 499, 86 N.W.2d 361 (1957).
NE Code § 29-1108 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1108 - Recognizance forfeited; motion; notice; judgment; cash deposit, disposition.

29-1108.  Recognizance forfeited; motion; notice; judgment; cash deposit, disposition.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, the cash deposit shall upon forfeiture of the recognizance be paid into the county treasury upon the entry of order of forfeiture of the bond after first deducting all court costs due and owing such court. By entering into a bond, the obligors submit to the jurisdiction of the court, and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. The liability upon the bond may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies thereof to the obligors to their last-known addresses.Source   Laws 1953, c. 88, § 3, p. 259;   Laws 1961, c. 133, § 1, p. 386;   Laws 1971, LB 959, § 5.  Cross References  Disposition of funds of forfeited recognizance, see section 29-2708.Annotations  Judgment of forfeiture was properly entered on bail bond. State v. Casey, 180 Neb. 888, 146 N.W.2d 370 (1966). Judgment on forfeited bail bond may not exceed the amount of the penalty of the bond. State v. Morse, 171 Neb. 87, 105 N.W.2d 572 (1960). On motion of state, bail bond may be forfeited. State v. Seaton, 170 Neb. 687, 103 N.W.2d 833 (1960). On forfeiture of recognizance, court should enter judgment. State v. Konvalin, 165 Neb. 499, 86 N.W.2d 361 (1957); State v. Honey, 165 Neb. 494, 86 N.W.2d 187 (1957).
NE Code § 29-1109 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1109 - Recognizance forfeited; judgment; remission; conditions.

29-1109.  Recognizance forfeited; judgment; remission; conditions.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.Source  Laws 1953, c. 88, § 4, p. 260. Annotations  It is within the discretion of the trial court to remit a part or all of the penalty of a bail bond. State v. Ernest, 203 Neb. 290, 278 N.W.2d 355 (1979). Procedure followed was proper to obtain a remission of bail. State v. Seaton, 170 Neb. 687, 103 N.W.2d 833 (1960). Remission of part or all of penalty on forfeiture of recognizance rests in sound discretion of trial court. State v. Konvalin, 165 Neb. 499, 86 N.W.2d 361 (1957) .
NE Code § 29-1110 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1110 - Recognizance forfeited; satisfaction; forfeiture set aside or remitted; exoneration of surety.

29-1110.  Recognizance forfeited; satisfaction; forfeiture set aside or remitted; exoneration of surety.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 surrender of the defendant into custody.Source  Laws 1953, c. 88, § 5, p. 260. Cross References  Disposition of funds of forfeited recognizance, see section 29-2708.
NE Code § 29-1201 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1201 - Prisoner held without indictment; discharge or recognizance; when.

29-1201.  Prisoner held without indictment; discharge or recognizance; when.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 that term, in which case the court may discharge such person, or require such person to enter into recognizance with sufficient security for his or her appearance before such court to answer such charge at the next term. However,  such person so held in jail without indictment shall not be discharged if it appears to the satisfaction of the court that the witnesses on the part of the state have been enticed or kept away or are detained and prevented from attending court by sickness or some inevitable accident.Source   G.S.1873, c. 58, § 389, p. 812;   R.S.1913, § 9020;   C.S.1922, § 10044;   C.S.1929, § 29-1201;   R.S.1943, § 29-1201;  Laws 2020, LB387, § 41.  Cross References  Prisoners, disposition of untried charges, see section 29-3801 et seq.Annotations  Nebraska has created a statutory speedy trial right, which generally provides that a person who has been indicted for a criminal offense must be brought to trial within 6 months of his or her indictment. State v. Kula, 254 Neb. 962, 579 N.W.2d 541 (1998). The procedure set out in sections 29-3801 et seq., rather than that in sections 29-1201 et seq., applies to instate prisoners. State v. Ebert, 235 Neb. 330, 455 N.W.2d 165 (1990). Record did not show delay entitling defendant to discharge hereunder. Shaffer v. State, 123 Neb. 121, 242 N.W. 364 (1932). Where jury called for term was excused before felony was committed, information was properly filed at beginning of next regular term. Nichols v. State, 109 Neb. 335, 191 N.W. 333 (1922). Where no information or indictment is filed against defendant during the term at which he was held to answer, he is entitled to discharge. Cerny v. State, 62 Neb. 626, 87 N.W. 336 (1901). Information filed in time and amended at next term does not entitle accused to discharge. Barker v. State, 54 Neb. 53, 74 N.W. 427 (1898). When accused is fugitive from justice, he is not entitled to discharge because of failure to file information. Ex parte Trester, 53 Neb. 148, 73 N.W. 545 (1897). Upon failure to indict or file information in term to which recognized, defendant is discharged. State ex rel. Conroy v. Miller, 43 Neb. 860, 62 N.W. 238 (1895). When witnesses for state are not prevented from attending and no indictment is brought, accused is entitled to discharge. Ex parte Two Calf, 11 Neb. 221, 9 N.W. 44 (1881).
NE Code § 29-1205 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1205 - Right of accused to a speedy trial; preferences.

29-1205.  Right of accused to a speedy trial; preferences.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 defendants whose pretrial liberty is reasonably believed to present unusual risks shall be given preference over other criminal cases. It shall be the duty of the county attorney to bring to the attention of the trial court any cases falling within this subdivision, and he shall generally advise the court of facts relevant in determining the order of cases to be tried.Source  Laws 1971, LB 436, § 1. Cross References   Constitutional provision:   Rights of accused, see Article I, section 11, Constitution of Nebraska. Annotations  Subsection (1) of this section does not demand that all previously scheduled civil trials accommodate the rescheduling of a criminal trial as a result of a defense motion to continue. State v. Sims, 272 Neb. 811, 725 N.W.2d 175 (2006). The speedy trial right does not apply to parental termination proceedings. In re Interest of C.P., 235 Neb. 276, 455 N.W.2d 138 (1990). The right to a speedy trial applies only to criminal trials and, thus, does not apply to postconviction actions, which are civil in nature. State v. Bostwick, 233 Neb. 57, 443 N.W.2d 885 (1989). Sections considered in reviewing order restricting publication of certain information before trial of murder case. State v. Simants, 194 Neb. 783, 236 N.W.2d 794 (1975). This section is directory and does not grant any right of discharge short of six months. State v. Watkins, 190 Neb. 450, 209 N.W.2d 184 (1973). Defendant received a speedy trial within ambit of Chapter 29, article 12, R.S.Supp.,1972. State v. Kennedy, 189 Neb. 423, 203 N.W.2d 106 (1972). The primary burden is upon the state to bring accused to trial within time provided by law and if it does not he is entitled to discharge in absence of express waiver or waiver as provided by statute. State v. Brown, 189 Neb. 297, 202 N.W.2d 585 (1972); State v. Alvarez, 189 Neb. 281, 202 N.W.2d 604 (1972).
NE Code § 29-1206 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1206 - Continuance; how granted.

29-1206.  Continuance; how granted.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 consent of the prosecution or defense, but also the public interest in prompt disposition of the case.Source  Laws 1971, LB 436, § 2.Annotations  This section and section 25-1148 do not define whether a defendant's right to a speedy trial has been violated. State v. Turner, 252 Neb. 620, 564 N.W.2d 231 (1997). A trial court may, in a proper case, order a continuance on its own motion and in the absence of a showing of abuse of discretion, its ruling on a motion for a continuance will not be disturbed on appeal. State v. Lee, 195 Neb. 348, 237 N.W.2d 880 (1976). A defendant in a criminal case may not discharge his counsel on the eve of trial and obtain a continuance without demonstrating good cause therefor. State v. Coleman, 190 Neb. 441, 208 N.W.2d 690 (1973). To support a continuance of trial for good cause beyond six months from filing of information, the court must make specific findings, based upon substantial preponderance of evidence, as to the cause or causes of such extension and the period of extension attributable to such cause or causes. State v. Brown, 189 Neb. 297, 202 N.W.2d 585 (1972); State v. Alvarez, 189 Neb. 281, 202 N.W.2d 604 (1972).
NE Code § 29-1209 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1209 - Failure of defendant to move for discharge prior to trial or entry of plea; effect.

29-1209.  Failure of defendant to move for discharge prior to trial or entry of plea; effect.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.Source  Laws 1971, LB 436, § 5. Annotations  A defendant waives any objection on the basis of a violation of the right to a speedy trial when he or she does not file a motion to discharge before trial begins. State v. Dockery, 273 Neb. 330, 729 N.W.2d 320 (2007). It is incumbent upon defendant and his counsel to file a timely motion for discharge in order to avoid the waiver provided for by this section. State v. Kearns, 245 Neb. 728, 514 N.W.2d 844 (1994). As long as a defendant was properly advised of his rights, by either counsel or the court, by knowingly, intelligently, and voluntarily pleading guilty, the defendant waives his statutory right to a speedy trial. State v. McNitt, 216 Neb. 837, 346 N.W.2d 259 (1984). It was not the duty of the trial court to suggest to the defendant or his counsel that he file a motion for discharge. State v. Hert, 192 Neb. 751, 224 N.W.2d 188 (1974). A writ of habeas corpus would not issue to permit collateral attack on a sentence for first degree sexual assault and first degree false imprisonment based on an alleged speedy trial violation that the prisoner waived by failing to file a motion for discharge. Jones v. Nebraska Dept. of Corr. Servs., 21 Neb. App. 206, 838 N.W.2d 51 (2013).
NE Code § 29-1301.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1301.01 - Venue; crime committed in different counties.

29-1301.01.  Venue; crime committed in different counties.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 been brought, or in which an act is done by the accused in instigating, procuring, promoting, or aiding in the commission of the offense, or in aiding, abetting, or procuring another to commit such offense.Source  Laws 1957, c. 103, § 2, p. 364. Annotations  Two jury instructions read in conjunction with one another correctly instructed the jury that the offenses must have been "committed in this state." Taken as a whole, the instructions as to venue did not relieve the State of its burden to prove the acts were committed in Nebraska, and the defendant was not prejudiced as to necessitate a reversal on these grounds. State v. Lee, 304 Neb. 252, 934 N.W.2d 145 (2019). Although another county was the situs of the felonious sexual assault and where victim's clothing was found, venue was proper where sufficient circumstantial evidence existed from which a fact finder could reasonably conclude that the victim was originally abducted in county where trial was held. State v. Phelps, 241 Neb. 707, 490 N.W.2d 676 (1992). A motion for change of venue filed pursuant to this statute is addressed to the sound discretion of the trial court, whose ruling will not be disturbed on appeal absent a clear abuse of that discretion. State v. Kern, 224 Neb. 177, 397 N.W.2d 23 (1986). Where defendant resisted officer in execution of his office on county line road, prosecution could be in either of the counties divided by the road. State v. Lindsey, 193 Neb. 442, 227 N.W.2d 599 (1975). This section permits trial either in county where offense was 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 been brought, or in which an act is done by accused in instigating, procuring, promoting, or aiding in the commission of the offense. State v. Garza, 191 Neb. 118, 214 N.W.2d 30 (1974). District court for Douglas County had jurisdiction of rape case where prisoner allegedly committed acts in county in furtherance of offense and prosecutrix was brought back into county after alleged rape. Garza v. Wolff, 528 F.2d 208 (8th Cir. 1975).
NE Code § 29-1301.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1301.02 - Venue; crime committed on moving means of transportation.

29-1301.02.  Venue; crime committed on moving means of transportation.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 its trip, the accused may be tried in any county through, on, or over which the vessel, train, car, motor vehicle, common carrier, or aircraft passes in the course of its voyage or trip, or in the county in which the voyage or trip terminates.Source  Laws 1957, c. 103, § 3, p. 364. Annotations  Two jury instructions read in conjunction with one another correctly instructed the jury that the offenses must have been "committed in this state." Taken as a whole, the instructions as to venue did not relieve the State of its burden to prove the acts were committed in Nebraska, and the defendant was not prejudiced as to necessitate a reversal on these grounds. State v. Lee, 304 Neb. 252, 934 N.W.2d 145 (2019). Venue confirmed in county where auto trip originated and ended, during which sexual assault occurred. State v. Tiff, 199 Neb. 519, 260 N.W.2d 296 (1977).
NE Code § 29-1301.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1301.03 - Venue; jurisdiction in two or more counties; effect of conviction or acquittal.

29-1301.03.  Venue; jurisdiction in two or more counties; effect of conviction or acquittal.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.Source  Laws 1957, c. 103, § 4, p. 364.
NE Code § 29-1301.04 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1301.04 - Venue; crime committed using an electronic communication device.

29-1301.04.  Venue; crime committed using an electronic communication device.(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) Electronic communication has the same meaning as in section 28-1310; and(b) Electronic communication device has the same meaning as in section 28-833.Source  Laws 2021, LB500, § 2.   Effective Date: August 28, 2021