Nebraska Motion to Quash Indictment is a legal process used by defendants in criminal cases to challenge the validity of the charges brought against them. This motion argues that the indictment, or formal accusation, issued by a grand jury or prosecutor is flawed or lacking sufficient evidence, leading to its dismissal. Keywords: Nebraska, Motion to Quash Indictment, legal process, defendants, criminal cases, validity, charges, formal accusation, grand jury, prosecutor, flawed, lacking evidence, dismissal. Different types of Nebraska Motion to Quash Indictment can include: 1. Insufficient Evidence: This type of motion asserts that the indictment does not provide enough evidence to establish the probable cause required for the criminal charges to proceed to trial. It challenges the adequacy of the evidence presented by the prosecution. 2. Jurisdictional Challenge: This motion argues that the court where the indictment was filed does not have the proper jurisdiction over the case, leading to a request for dismissal. 3. Violation of Constitutional Rights: This type of motion alleges that the defendant's constitutional rights, such as due process, freedom from unreasonable searches and seizures, or the right to legal representation, were violated during the grand jury proceeding or investigation, rendering the indictment invalid. 4. Grand Jury Irregularities: This motion challenges the legitimacy of the grand jury process itself, alleging irregularities such as bias, improper instructions given to the grand jury, or the presence of unauthorized persons during proceedings. 5. Defective Indictment: This type of motion claims that the indictment itself contains technical flaws, such as missing or incorrect charges, misnomers, or other defects that render it defective and should, therefore, be quashed. By filing a Nebraska Motion to Quash Indictment, defendants aim to secure a dismissal of the charges against them or force the prosecution to present stronger evidence or correct procedural errors. However, the success of such motions largely depends on the specific circumstances and legal arguments presented by the defense. It is crucial for defendants to consult with an experienced criminal defense attorney in Nebraska to assess the viability of filing this motion and to navigate the legal process effectively.
Nebraska Motion to Quash Indictment
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Arrest by person not an officer. Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.
§ 29-1207. Section 29-1207 - Trial within six months; time; how computed (1) Every person indicted or informed against for any offense shall be brought to trial within six months, and such time shall be computed as provided in this section.
If paying a ticket for which a warrant has been issued, be aware that the warrant will remain active until it is recalled by the court. To avoid arrest, payment should be made in cash to the court during office hours or the county sheriff's office during hours when the court is not open.
Further, although Nebraska law has a five-year statute of limitations for contracts, Nebraska's limitation was not found to prohibit contractual limitation periods arising from policies issued in other states, just those policies issued in Nebraska.
Motion to Quash 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.
Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.
Deposition of witness or sexual assault victim; when; procedure; use at trial. (b) May be of assistance to the parties in the preparation of their respective cases.