Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
The government's attorney must bring the fully signed original petition to
enter a plea of guilty, any fully signed original plea agreement, and the
information (if applicable), to the change of plea hearing.
11.2 Change of Plea Hearing Before Magistrate Judge.
(a)
(b)
(c)
Hearing.
With the assigned district judge's and the parties' consent, a magistrate
judge may hold a change of plea hearing in:
(1)
(2)
a felony case; or
a misdemeanor case requiring consent but in which the parties did
not consent to trial, judgment, and sentencing by a magistrate judge.
If the magistrate judge at the hearing finds that the defendant's written or
oral consent to proceed with the change of plea before the magistrate judge
is knowing and voluntary, the magistrate judge conducts the change of plea
hearing. The magistrate judge must inquire about the existence and
understanding of the terms of any plea agreement but may not accept or
reject a plea agreement.
Findings of Fact and Recommendation.
The magistrate judge must state on the record findings concerning the guilty
plea's knowing and voluntary nature, the adequacy of the factual basis for
the plea, and any other relevant matter, and must recommend to the district
judge whether the guilty plea should be accepted. If there is a plea
agreement, the magistrate judge must also recommend to the district judge
whether the plea agreement should be rejected, accepted, or taken under
advisement until sentencing. A transcript of the hearing must be prepared
and filed with the clerk.
Objection to Recommendation.
Unless the judge extends or shortens the time, any objection to the
magistrate judge's recommendation must (1) be in writing, (2) specify the
parts of the findings or recommendation objected to, and (3) be filed and
served within 14 days after the filing of the plea transcript. See NECrimR
59.2(a).
(d) District Judge's Review.
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