reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-826 - Motion to suppress; appeal; time limit; order for custody.

29-826.
Motion to suppress; appeal; time limit; order for custody.
In making an order granting a motion to suppress and to return property, 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 of the order. Upon the filing of such notice the trial court shall fix the time in which the application for review shall be filed with the appellate court, and shall make an appropriate order for custody of the property pending completion of the review.
Source
Laws 1963, c. 155, § 5, p. 554;
Laws 1998, LB 218, § 15.
Annotations
State may appeal an order sustaining a motion to suppress evidence. State v. Hagen, 180 Neb. 564, 143 N.W.2d 904 (1966).
This section gives the district court the authority to establish time limits for the State to file a notice of intent with the clerk of the district court seeking review of an order granting a motion to suppress and to file the application with the appellate court. State v. Hood, 23 Neb. App. 208, 869 N.W.2d 383 (2015).
The docket fee requirement contained in section 25-2729 necessarily applies to appeal brought by a prosecuting attorney pursuant to this section and sections 29-824 and 29-825, because section 25-2728 does not expressly exclude this section and sections 29-824 and 29-825 from the application of section 25-2729. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004).
Where a county court fails to fix a time in which the State may appeal under this section, the State must file its notice of intention to seek review of the county court's order within 10 days; failure to do so deprives the district court of subject matter jurisdiction to hear the State's appeal. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004).
Where the State is appealing an order of a county court granting a motion for the return of seized property or to suppress evidence pursuant to sections 29-824 to 29-826, the State must comply with the standard procedures for appeal as provided in section 25-2729, as well as with the requirements specified within sections 29-824 to 29-826; failure to do so deprives the district court of subject matter jurisdiction to review the order. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-828 - Search for weapons; when authorized.

29-828.
Search for weapons; when authorized.
Where the circumstances reasonably indicate to an officer of the law that a search of an individual for weapons is indicated in order to protect the life of such officer such search for weapons may lawfully be made.
Source
Laws 1963, c. 156, § 1, p. 556.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-830 - Inspection warrant, defined.

29-830.
Inspection warrant, defined.
An inspection warrant is an order in writing in the name of the people, signed by a judge of a court of record, directed to a peace officer as defined in section 29-831, and commanding him to conduct any inspection required or authorized by state or local law or regulation relating to health, welfare, fire or safety.
Source
Laws 1969, c. 231, § 1, p. 858.
Cross References
Chemigation Act, Nebraska, enforcement, see section 46-1124.
Controlled premises, inspection pursuant to Uniform Controlled Substances Act, see section 28-428.
Energy Code, Nebraska, enforcement, see section 81-1617.
Plant Protection and Plant Pest Act, enforcement, see section 2-1091.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-831 - Peace officer, defined.

29-831.
Peace officer, defined.
As used in sections 29-830 to 29-835, unless the context otherwise requires:
All state, county, city and village officers and their agents and employees, charged by statute or municipal ordinance with powers or duties involving inspection of real or personal property, building premises and contents, including but not limited by enumeration to housing, electrical, plumbing, heating, gas, fire, health, food, zoning, pollution, water, and weights and measures inspections, shall be peace officers for the purpose of applying for, obtaining and executing inspection warrants.
Source
Laws 1969, c. 231, § 2, p. 859.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-832 - Inspection warrant; when issued.

29-832.
Inspection warrant; when issued.
Inspection warrants shall be issued only upon showing that consent to entry for inspection purposes has been refused. In emergency situations neither consent nor a warrant shall be required.
Source
Laws 1969, c. 231, § 3, p. 859.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-833 - Inspection warrant; issuance; procedure.

29-833.
Inspection warrant; issuance; procedure.
An inspection warrant shall be issued only by a judge of a court of record upon reasonable cause, supported by affidavit describing the place and purpose of inspection. The judge may examine the applicant and other witnesses, on oath, to determine sufficient cause for inspection.
Source
Laws 1969, c. 231, § 4, p. 859.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-834 - Inspection warrants; laws applicable.

29-834.
Inspection warrants; laws applicable.
All general laws pertaining to search warrants, including but not limited to the filing costs involved and the conditions and time for return, shall be applicable to inspection warrants, unless in conflict with sections 29-830 to 29-833.
Source
Laws 1969, c. 231, § 5, p. 859.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-835 - Violations; penalty.

29-835.
Violations; penalty.
Any person who willfully refuses to permit, interferes with, or prevents any inspection authorized by inspection warrant shall be guilty of a Class III misdemeanor.
Source
Laws 1969, c. 231, § 6, p. 859;
Laws 1977, LB 40, § 114.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-901.01 - Conditions of release; how determined.

29-901.01.
Conditions of release; how determined.
In determining which condition or conditions of release shall reasonably assure appearance and deter possible threats to the safety and maintenance of evidence or the safety of victims, witnesses, or other persons in the community, the judge shall, on the basis of available information, consider the defendant’s financial ability to pay in setting the amount of bond. The judge may also take into account the nature and circumstances of the offense charged, including any information to indicate that the defendant might engage in additional criminal activity or pose a threat to himself or herself, yet to be collected evidence, alleged victims, potential witnesses, or members of the general public, the defendant's family ties, employment, the length of the defendant's residence in the community, the defendant's record of criminal convictions, and the defendant's record of appearances at court proceedings or of flight to avoid prosecution or of failure to appear at court proceedings.
Source
Laws 1974, LB 828, § 2;
Laws 2009, LB63, § 24;
Laws 2010, LB771, § 16;
Laws 2017, LB259, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-901.02 - Release; order; contents.

29-901.02.
Release; order; contents.
Any judge who shall authorize the release of a defendant under section 29-901 shall issue a written order containing a statement of the condition or conditions imposed, shall inform the defendant of the penalties for violating any of the conditions of such release, and shall advise the defendant that a warrant for his arrest shall be issued immediately upon such violation.
Source
Laws 1974, LB 828, § 3.
Annotations
Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-901.03 - Conditions of release; review; procedure.

29-901.03.
Conditions of release; review; procedure.
When a defendant first appears before a judge pursuant to section 29-901, he shall be advised of his right to obtain review of the conditions of release imposed if he is unable to fulfill such conditions and remains in custody for more than twenty-four hours thereafter. Any defendant who shall remain in custody for more than twenty-four hours after a judge other than a district court judge imposes bail or any other condition of release, as a result of his inability to fulfill such condition or conditions, may request a review by the judge who imposed the conditions and, upon such request, the defendant shall be brought before the judge at the first regular court day. If the defendant is indigent and unable to retain legal counsel, the judge shall appoint an attorney to represent the defendant for the purpose of such review. Unless the conditions of release are amended and the defendant is thereupon released, the judge shall set forth in writing the reasons for requiring such condition or conditions. Any defendant who shall be ordered released by a judge other than a district court judge on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the judge who imposed the condition in the same manner as a defendant who remains in full-time custody. In the event that the judge who imposed the condition or conditions of release is not available, any other judge in the district or of the same court may review such conditions.
Source
Laws 1974, LB 828, § 4;
Laws 1975, LB 284, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-901.04 - Conditions of release; amendment; review.

29-901.04.
Conditions of release; amendment; review.
Any judge who shall order the release of a defendant on any condition specified in section 29-901 may at any time amend his order to impose additional or different conditions of release, but if the imposition of different or additional conditions results in the detention of the defendant as a result of his inability to meet such conditions, the provisions of section 29-901.03 shall apply.
Source
Laws 1974, LB 828, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-901.05 - Bail; uniform schedule; how adopted; payment; procedure.

29-901.05.
Bail; uniform schedule; how adopted; payment; procedure.
(1) It shall be the duty of the judges of the county court in each county to prepare and adopt, by a majority vote, a schedule of bail for all misdemeanor offenses and such other offenses as the judges deem necessary. It shall contain a list of such offenses and the amounts of bail applicable thereto as the judges determine to be appropriate. If the schedule does not list all misdemeanor and other offenses specifically, it shall contain a general clause for misdemeanors and a separate one for any other offenses providing for designated amounts of bail as the judges of the county determine to be appropriate for all such offenses. The schedule of bail may be revised from time to time by the judges of the county, and the presiding county court judge at each county seat shall call not more than two meetings nor less than one meeting each year of all judges of the county court in the county for the purpose of establishing or revising a countywide uniform bail schedule. A copy of the schedule shall be sent to the officer in charge of the county jail and to the officer in charge of each city jail within the county.
(2) When bail has been set by a judge for a particular offense or offender, any sheriff or other peace officer may take bail in accordance with the provisions of section 29-901 and release the offender to appear in accordance with the conditions of the bail bond, the notice to appear, or the summons. Such officer shall give a receipt to the offender for the bail so taken and within a reasonable time deposit such bail with the clerk of the court having jurisdiction of the offense.
Source
Laws 1974, LB 828, § 6;
Laws 1977, LB 112, § 1;
Laws 1984, LB 13, § 57.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-901.06 - Bailable defendant; duty of court to inform of rights and duties.

29-901.06.
Bailable defendant; duty of court to inform of rights and duties.
When a bailable defendant appears at any judicial proceeding in which such defendant's bail is being considered, the judge at such proceeding shall inform the defendant of the condition or conditions imposed on his release, the penalties for violating any of the conditions of such release, and any options or alternatives available to such defendant.
Source
Laws 1974, LB 828, § 7.
Annotations
Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-902 - Bail; proceeding for taking.

29-902.
Bail; proceeding for taking.
For taking such bail, the judge may, by his special warrant under his hand and seal, require the sheriff or jailer to bring such accused before him at the courthouse of the proper county at such time as in such warrant the judge may direct.
Source
G.S.1873, c. 58, § 347, p. 802;
R.S.1913, § 9004;
C.S.1922, § 10028;
C.S.1929, § 29-902;
R.S.1943, § 29-902.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-902.01 - Presiding judge of certain county courts; designate a judge on call; custodial officer; duties.

29-902.01.
Presiding judge of certain county courts; designate a judge on call; custodial officer; duties.
(1) The presiding judge of the county court in each county having a population of four hundred thousand or more inhabitants as determined by the most recent federal decennial census shall, as often as is necessary, meet and designate on a schedule not less than one judge of the county court to be reasonably available on call for the setting of orders for discharge from actual custody upon bail, the issuance of search warrants, and for such other matters as may be deemed appropriate, at all times when a court is not in session in the county.
(2) The officer in charge of a jail, or a person such officer designates, in which an arrested person is held in custody shall assist the arrested person or such person's attorney in contacting the judge on call as soon as possible for the purpose of obtaining release on bail.
Source
Laws 1977, LB 11, § 1;
Laws 1984, LB 13, § 58;
Laws 2016, LB742, § 15.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-903 - Bail; amount; pretrial release agency; release recommendation; release without bond; when.

29-903.
Bail; amount; pretrial release agency; release recommendation; release without bond; when.
In fixing the amount of bail, the judge admitting to the same shall be governed in the amount and quality of bail required by the direction of the district court in all cases where such court shall have made any order or direction in that behalf. In the event that the district court shall designate an official pretrial release agency for the district, the judge may give consideration to a report and recommendation of such agency and in the event that such agency should recommend the release of the prisoner on his own recognizance, the court may order release of such prisoner without the necessity of posting a cash deposit or requiring the sureties set out in section 29-901.
Source
G.S.1873, c. 58, § 348, p. 802;
R.S.1913, § 9005;
C.S.1922, § 10029;
C.S.1929, § 29-903;
R.S.1943, § 29-903;
Laws 1971, LB 316, § 1;
Laws 1972, LB 1248, § 1;
Laws 1974, LB 828, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-904 - Recognizance; deposit with clerk; discharge of prisoner.

29-904.
Recognizance; deposit with clerk; discharge of prisoner.
In all cases when a judge or examining court shall recognize a prisoner under the provisions of the three sections 29-901, 29-902, and 29-903, he shall forthwith deposit with the clerk of the proper court the recognizance so taken, and also a warrant directed to the jailer requiring him to discharge the prisoner.
Source
G.S.1873, c. 58, § 349, p. 803;
R.S.1913, § 9006;
C.S.1922, § 10030;
C.S.1929, § 29-904;
R.S.1943, § 29-904.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-905 - Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.

29-905.
Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.
When any person, who is surety in a recognizance for the appearance of any defendant before any court in this state, desires to surrender the defendant, he shall, by delivering the defendant in open court, be discharged from any further responsibility on such recognizance; and the defendant shall be committed by the court to the jail of the county, unless he shall give a new recognizance, with good and sufficient sureties in such amount as the court may determine, conditioned as the original recognizance.
Source
G.S.1873, c. 58, § 350, p. 803;
R.S.1913, § 9007;
C.S.1922, § 10031;
C.S.1929, § 29-905;
R.S.1943, § 29-905.
Annotations
Section applies to giving bond for personal appearance of defendant prior to the trial and not after. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).
Rearrest discharges liability of sureties on recognizance. Smith v. State, 12 Neb. 309, 11 N.W. 317 (1882).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-906 - Surrender of accused by surety to sheriff; authority.

29-906.
Surrender of accused by surety to sheriff; authority.
In all cases of bail for the appearance of any person or persons charged with any criminal offense, the surety or sureties of such person or persons may, at any time before judgment is rendered against him or them, seize and surrender such person or persons charged as aforesaid to the sheriff of the county wherein the recognizance shall be taken.
Source
G.S.1873, c. 58, § 351, p. 803;
R.S.1913, § 9008;
C.S.1922, § 10032;
C.S.1929, § 29-906;
R.S.1943, § 29-906.
Annotations
Section applies to giving bond for personal appearance of defendant prior to the trial and not after. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-907 - Surrender of accused by surety to sheriff; duty of sheriff; discharge of surety.

29-907.
Surrender of accused by surety to sheriff; duty of sheriff; discharge of surety.
It shall be the duty of such sheriff, on such surrender and the delivery to him of a certified copy of the recognizance by which such surety or sureties are bound, to take such person or persons so charged as aforesaid into custody, and by writing acknowledge such surrender, and thereupon the surety or sureties shall be discharged from any such recognizance, upon payment of all costs occasioned thereby.
Source
G.S.1873, c. 58, § 352, p. 803;
R.S.1913, § 9009;
C.S.1922, § 10033;
C.S.1929, § 29-907;
R.S.1943, § 29-907.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-908 - Bail, recognizance, or conditional release; failure to appear; penalties.

29-908.
Bail, recognizance, or conditional release; failure to appear; penalties.
Whoever is charged with a felony and is released from custody under bail, recognizance, or a conditioned release and willfully fails to appear before the court granting such release when legally required or to surrender himself within three days thereafter, shall be guilty of a Class IV felony, in addition to any other penalties or forfeitures provided by law.
Whoever is charged with a misdemeanor or violation of city or village ordinance, conviction of which would carry a jail sentence of more than ninety days, who is released from custody under bail or recognizance or conditioned release and who willfully fails to appear before the court granting such release when legally required to surrender himself or within three days thereafter, shall be guilty of a Class II misdemeanor, in addition to any other penalties or forfeitures provided by law.
Source
Laws 1971, LB 274, § 1;
Laws 1977, LB 40, § 115.
Annotations
When a defendant fails to appear for a preliminary hearing on Thursday, and then is arrested on the following Monday, the evidence is sufficient to find that the defendant failed to surrender within 3 days of his or her failure to appear. State v. Hassan, 309 Neb. 644, 962 N.W.2d 210 (2021).
As used in this section, failure to appear before the court includes a convicted defendant who willfully fails to comply with a sentencing court's order to report to a court-designated officer who is legally authorized to take him into custody so that he may begin his sentence after a conditioned release or a release under recognizance. State v. Moss, 240 Neb. 21, 480 N.W.2d 198 (1992).
Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
A defendant who is released following imposition of sentence under a stay of execution with orders to reappear upon further order of the court has been "released from custody under a conditioned release" within the meaning of this section, and violates said provision by failing to appear when so ordered by the court. State v. Robinson, 209 Neb. 726, 311 N.W.2d 7 (1981).
A person already found guilty of a felony is still a person "charged with a felony," under the terms of this section. State v. McDaniel, 205 Neb. 53, 285 N.W.2d 841 (1979).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-909 - Pretrial release agency; authority to designate; recommendations; recognizance; when.

29-909.
Pretrial release agency; authority to designate; recommendations; recognizance; when.
The district courts of this state are authorized to designate an official pretrial release agency for a district, or for any county within a district, whenever the court is satisfied that such agency can render competent and effective assistance to the court in making its determination of the terms and conditions under which any court should release a prisoner from jail prior to trial. When such a pretrial release agency has been designated, the judge of any court within the district or county in which such agency has been authorized to operate may give consideration to a report and recommendation of such agency and in the event that such agency should recommend the release of the prisoner on his own recognizance, the court may order the release of the prisoner without the necessity of posting a cash deposit or requiring any surety set out in section 29-901. Nothing in this section shall restrict any court from releasing a prisoner on his own recognizance, whether or not he has received a report or recommendation from a pretrial release agency, if the judge determines that such type of release would adequately serve the ends of justice.
Source
Laws 1971, LB 412, § 1;
Laws 1972, LB 1249, § 1;
Laws 1974, LB 828, § 9.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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) .
2023 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.
2023 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's speedy trial statutes also apply to prosecutions commenced by the filing of a complaint in county court. State v. Chapman, 307 Neb. 443, 949 N.W.2d 490 (2020).
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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.