(See: Adult Simple Misdemeanor Process Flowchart)

Complaint Filed

A court case is initiated by the filing of a complaint in County Court and is the first opportunity to know the "official" charges. This is done by a county attorney, city attorney or special prosecutor, who must prove the charges beyond a reasonable doubt. 

Law enforcement agencies arrest and book a defendant based on probable cause, which is a lower legal standard. That may mean the charges ultimately filed may differ from the citation or what were booked into jail for.

A complaint is a public record and can be accessed from the court file or online using the JUSTICE website.

Motion to Quash

In misdemeanor cases, this motion to Quash must be filed prior to a defendant’s entry of initial plea and challenges the legal sufficiency of the charges, for instance it may question the constitutionality of the statute they’re accused of violating. They are fairly rare. The motion requires an evidentiary hearing and may be heard at the same time as the arraignment. A copy of the motion may be found in court file or online using the JUSTICE website.

Arraignment

Generally, this is the first appearance in county court after a complaint is filed. The hearing is open to the public, and a journal entry with information about what happened at the hearing is available by contacting the County Court, checking the JUSTICE website after a complaint has been filed, or on the Nebraska Multi-Court Calendar at http://www.nebraska.gov/courts/calendar/index.cgi. 

At the hearing, the defendant is advised of the charges, possible penalties and his or her constitutional and statutory rights. Charges may be read or the defendant may waive reading. (Your Rights in Nebraska's County Courts "Right's Advisement")

Defendant entitled to be informed = due process.

A defendant is informed of the right to remain silent; right to a speedy trial within 6 months from filing of charges; right to trial and a jury trial; right to confront and cross-examine witnesses; right to call witnesses and present evidence; right to have an attorney represent; and right to appeal.

A defendant has a right to a court-appointed attorney on offenses that carry the possibility of jail time. If they can afford to hire an attorney, defendants have a right to have an attorney present before entering a plea. If they cannot, a judge holds an indigency hearing to determine if the defendant is qualified for court-appointed attorney at county expense. If eligible, a judge may appoint a public defender or separate counsel. 

Non-citizens

The court must also advise non-citizens of consequences of a conviction, which may include removed from the country or denial of naturalization.

Entry of Plea

• Judge will advise defendant of the possible pleas
  • Not Guilty
    • Case is set for trial. Defendant maintains all rights
  • Guilty
    • Defendant gives up right to trial, jury trial, right to confront and cross examine state’s witnesses, right to call own witnesses on your behalf, right to presumption of innocence and right to remain silent.  Maintains the right to an attorney and right to appeal any final order of court.
  • No Contest
    • Same effect as Guilty, except no one may use the fact that defendant is convicted to prove a civil suit for money.
    • Factual basis must be given by prosecutor
  • Remain Silent. Not Guilty plea entered by Court
    • Case will be set for trial
  • Not Responsible by Reason of Insanity
    • The matter is set for evidentiary hearing
    • Insanity is different than competency

Revised 1/2019