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Defendant's Rights
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We are dedicated to the principles of the Constitutions of the United States and of the State of Nebraska. A person accused of a crime has these rights (includes Spanish translation):
- The right to a bond. If the accused cannot afford a bond, they may seek a personal recognizance bond or a bond reduction. For more on bonds, see a bond advisement.
- The right to know the charge(s) against them, the possible penalties, and their rights. This advisement will be done at an arraignment.
- The right to an attorney. If the accused cannot afford one, they may seek a court-appointed attorney. An attorney may be provided for them at no cost to them if they are financially eligible.
- If imprisonment is a possibility, the accused and their attorney may seek copies of the State’s evidence against them. This process is called discovery.
- The right to file motions challenging the charge against the accused, the legality of the arrest, and other facets of the case, as may be appropriate. These motions will be decided before the case goes to trial.
- The right to a trial, and in certain cases, a trial by a jury.
- The right to a speedy public trial.
- At trial, the right to use the Court’s subpoena power to compel the attendance of witnesses and production of evidence on the accused’s behalf.
- The right not to testify, if the accused so chooses; they cannot be required to be a witness against themselves. If they choose not to testify, that choice cannot be used as evidence of guilt against them. However, if they choose to testify, anything they say can be used to prove the charge(s) against them.
- The right to be presumed innocent of the charge(s) against an accused until and unless the State of Nebraska proves them guilty beyond a reasonable doubt at trial.
- If convicted, the right to be sentenced according to law.
- The right to appeal the conviction and sentence for errors of law.
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