Basic Steps in the Criminal Justice System
- Crime Committed
- Law Enforcement Investigation
- Reports submitted to the county Attorney for Charging Decision
Prosecutor's Options
- File charges against the defendant.
- File additional or other charges.
- Ask for further investigation by law enforcement..
- Refer matter to juvenile court.
- Offer diversion (in limited cases).
- Not file any charge.
Bond Setting
- Usually the next Judicial day after the arrest.
- Attorney retained or appointed for the defendant.
- The date is set for the preliminary hearing or preliminary hearing may be waived by the defendant if the charge is a felony.
- Waiving a preliminary hearing does not deny the right to a trial nor is it an admission of guilt.
- The defendent may waive his or her right to a preliminary hearing by choice.
- This process automatically binds the case over to District Court.
Preliminary Hearing (in felony cases)
- Usually 2 to 3 weeks after the bond setting.
- Prosecutor must show that a crime was committed and that there exists "probable cause".
- To believe that the defendant committed the crime and that the crime occurred in Seward County, Nebraska.
- The case at this time can be bound over to District Court for a trial, be dismissed or be recharged.
Pretrial Motions
- Motions may be filed by the State or defendant prior to trial to attempt to resolve issues in a case prior to trial.
Trial
- A trial is usually within 3 to 6 months from the date the complaint is filed, unless continuances are granted.
- At this point a trial will occur or a plea would be agreed upon by the State and the defendant.
- The defendant may be found guilty or not guilty of the charge.
- If the evidence is found to be beyond a reasonable doubt, then the defendant will be convicted.
Sentencing
- Normally 6 to 8 weeks after the conviction following an extensive pre-sentence investigation. Victims' statement are taken and included in the pre-sentence investigation.
- Restitution may be determined by the Court and ordered as part of the sentence.
Basic Steps in the Adjudication of a Juvenile Case
Abuse/Neglect Petitions
- Juveniles who have been placed in protective custody and/or foster care due to suspected abuse and/or neglect. These petitions must be filed within 48 hours or 2 judicial workdays.
Dependency Petitions
- Juveniles who need to be placed in the custody of the Nebraska Department of Health and Human Services due to illness or disabilities involving themselves or their parents.
Delinquency Petitions
- Juveniles whose actions would amount to a misdemeanor or felony offenses or have been referred or transferred to Juvenile Court after being cited or arrested. Also, juveniles who are detained must have a petition filed within 48 hours to remain in detention.
Status Petitions
- Juveniles who have not been arrested or charged with a crime, but are at risk because of truancy, uncontrollable behavior, or behavior that is harmful to themselves or others.
Seward County Attorney's Office works very closely with the Child Advocacy Center located at 3200 Sumner, Lincoln, NE 68502. See www.smvoices.org for more information.