Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
This rule does not preclude a district judge from (1) reserving any
proceeding for conduct by a district rather than a magistrate judge or (2)
modifying the method of assigning matters to a magistrate judge as
required.
59.4 Forfeiture of Collateral.
(a)
(b)
(c)
(d)
In General.
An accused may pay a fixed sum (i.e., forfeit collateral) in lieu of an
appearance before a magistrate judge for certain scheduled offenses
committed within the territorial and subject matter jurisdiction of the District
of Nebraska. The schedules of offenses and the amounts to be forfeited are
set out in the court's general/standing orders and may, by general/standing
order, be modified in under Federal Rule of Criminal Procedure 58(d)(1).
Exceptions.
Notwithstanding Nebraska Criminal Rule 59.4(a), the defendant must
appear before the magistrate judge if:
(1)
(2)
(3)
(4)
the offense charged is not identified in the schedules attached to the
general/standing orders or any subsequent modifications to those
schedules;
the law enforcement officer was not authorized to issue a citation or
violation notice for the type or magnitude of offense charged;
the offense resulted in serious personal injury, death, or property
damage in excess of $1,000; or
the circumstances surrounding the charged offense were aggravated
and, in the issuing law enforcement officer's discretion, an
appearance before the magistrate judge is mandatory.
Mandatory Appearance.
The citation or violation notice issued by the law enforcement officer must
indicate if an appearance before the magistrate judge is mandatory. If so,
the accused may not post collateral in lieu of an appearance.
Payment of Forfeiture.
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