§ 29-424 — Citation; contents; procedure; complaint; waiver; use of credit card authorized

Nebraska § 29-424

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

When a citation is used by a peace officer or when a citation is used by an official or inspector pursuant to section 18-1757 , he or she shall enter thereon all required information, including the name and address of the cited person, the offense charged, and the time and place the person cited is to appear in court. Unless the person cited requests an earlier date, the time of appearance shall be at least three days after the issuance of the citation. One copy of the citation shall be delivered to the person cited, and a duplicate thereof shall be signed by such person, giving his or her promise to appear at the time and place stated therein. Such person thereupon shall be released from custody. As soon as practicable, the copy signed by the person cited shall be delivered to the prosecuting attorney.
At least twenty-four hours before the time set for the appearance of the cited person, either the prosecuting attorney or other person authorized by law to issue a complaint for the particular offense shall issue and file a complaint charging such person with an offense or such person shall be released from the obligation to appear as specified. A person cited pursuant to sections 29-422 to 29-429 may waive his or her right to trial. The Supreme Court may prescribe uniform rules for such waivers.
Anyone may use a credit card authorized by the court in which the person is cited as a means of payment of his or her fine and costs.

Legislative History

Source: Laws 1974, LB 829, § 3; Laws 1978, LB 808, § 7; Laws 1985, LB 19, § 3; Laws 1985, LB 326, § 3; Laws 1988, LB 370, § 5; Laws 1998, LB 109, § 2; Laws 2006, LB 1175, § 4. Cross References: Traffic infraction, citation, see section 60-684. Annotations: A police chief's failure to forward, in accordance with this section, to the county attorney a citation charging a city employee with a crime in order to prevent the city employee's employment from being terminated was obstructing government operations as set forth in section 28-901(1). The police chief obstructed or impaired a governmental function by failing to forward the citation to the county attorney, as required by this section, because the action of failing to forward the citation impaired the county attorney's performance of its prosecutorial functions. The police chief did not have discretion to remove the citation of the city employee from the packet of citations to be sent to the county attorney such to conclude that he did not breach this section. State v. Wilkinson, 293 Neb. 876, 881 N.W.2d 850 (2016).