Nebraska Statutes 29-508.01. Witness committed to jail; prerequisites; rights; appeal
Before a witness is committed to jail under subdivision (4) of section 29-507 or 29-508, he or she shall:
Terms Used In Nebraska Statutes 29-508.01
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) Receive written notice of the allegations upon which the state relied for its claim of a right to require a recognizance or detention and of the time and place of the hearing on those allegations;
(2) Have a hearing before a judge;
(3) Have the evidence in support of the state’s claim disclosed to him or her at a hearing;
(4) Have an opportunity to be heard in person and to present witnesses and documentary evidence;
(5) Have, to the extent practicable, the right to confront and cross-examine witnesses;
(6) Have the right to counsel; and
(7) Be given a written statement by the decisionmaker as to the evidence relied upon and the reasons for the decision made.
A decision to commit a person to jail may be appealed and shall be given priority on the appellate court’s calendar.