§ 29-4206 — County or district court; accept written waivers; when; form; use; effect

Nebraska § 29-4206

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

(1) The county courts and district
courts may accept a written
waiver of preliminary hearing and a written waiver of arraignment
and plea of not guilty from any defendant. The
written waivers shall only be accepted if the defendant is represented by
counsel. The written waivers shall contain
the necessary consent and waiver of the right to a physical appearance and comply with subsection (2) of this
section, shall be signed by the defendant and his or her counsel
of record, and
shall be filed with the clerk of the court.
(2) The written waivers
authorized under subsection (1) of this section shall be in substantially
the following form:
STATE OF NEBRASKA,

PLEA OF NOT GUILTY/



Plaintiff,
WAIVER OF APPEARANCE


-vs-

Case No. ...........


................................,
Arrest No. .........


(Print or Type)
Defendant
I, the defendant in the
above-entitled action, advise the court that I have retained .....................................
to represent me in this matter. I understand that I have been charged with
the following violation(s): .................................................................................................................................... Preliminary
Hearing Date or Arraignment Date ....................... and in the event
that the charges have been amended or new charges added I wish to waive a
formal preliminary hearing or arraignment before the court and ask the court
to enter plea(s) of not guilty on my behalf. My attorney has advised me of
my rights: The right to trial and to a jury trial, if appropriate; my right
to confront accusers; to subpoena witnesses; to remain silent; to counsel;
to have this matter transferred to juvenile court, if appropriate; and my
right to be presumed innocent until proven guilty beyond reasonable doubt.
My attorney has also advised me of the possible penalties for the violations
with which I am charged, and the possibility that I will be required to make
restitution for damages, if appropriate.
I understand that my attorney will notify me of all
appearance dates in this matter.
Date: ........
Defendant's Signature:
.........................

APPEARANCE OF COUNSEL
I, ....................................,
advise the court that I am the attorney of record for the above-named defendant.
I have advised my client of all rights and the possible penalties for the
charges filed against him or her. I understand that the court will expect
me to represent the defendant in all hearings before the court in this matter.
(Please Print or Type)



............................
Attorney's Name


............................
Attorney's Address


............................



............................
...................................


(Telephone Number)
(Attorney Number)


Date:..........
Attorney's Signature:.............
(3) A defendant's use
of written forms under this section shall not prevent his or her right to
all other process, procedures, and defenses allowed by state and federal law.

Legislative History

Source: Laws 1999, LB 623, § 6; Laws 2006, LB 1115, § 25; Laws 2014, LB828, § 2. Annotations: This section does not authorize district courts to accept pleas of not guilty on a conditional basis or alter the requirement under section 29-1812 that a defendant must withdraw his or her plea to the general issue before filing a motion to quash. State v. Liston, 271 Neb. 468, 712 N.W.2d 264 (2006).