29-4206. County or district court; accept written waivers; when; form; use; effect.

(1) The county courts and district courts may accept a written waiver of preliminary hearing and a written waiver of arraignment and plea of not guilty from any defendant. The written waivers shall only be accepted if the defendant is represented by counsel. The written waivers shall contain the necessary consent and waiver of the right to a physical appearance and comply with subsection (2) of this section, shall be signed by the defendant and his or her counsel of record, and shall be filed with the clerk of the court.

(2) The written waivers authorized under subsection (1) of this section shall be in substantially the following form:

I, the defendant in the above-entitled action, advise the court that I have retained ..................................... to represent me in this matter. I understand that I have been charged with the following violation(s): .................................................................................................................................... Preliminary Hearing Date or Arraignment Date ....................... and in the event that the charges have been amended or new charges added I wish to waive a formal preliminary hearing or arraignment before the court and ask the court to enter plea(s) of not guilty on my behalf. My attorney has advised me of my rights: The right to trial and to a jury trial, if appropriate; my right to confront accusers; to subpoena witnesses; to remain silent; to counsel; to have this matter transferred to juvenile court, if appropriate; and my right to be presumed innocent until proven guilty beyond reasonable doubt. My attorney has also advised me of the possible penalties for the violations with which I am charged, and the possibility that I will be required to make restitution for damages, if appropriate.

I understand that my attorney will notify me of all appearance dates in this matter.

I, ...................................., advise the court that I am the attorney of record for the above-named defendant. I have advised my client of all rights and the possible penalties for the charges filed against him or her. I understand that the court will expect me to represent the defendant in all hearings before the court in this matter.

(3) A defendant's use of written forms under this section shall not prevent his or her right to all other process, procedures, and defenses allowed by state and federal law.

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Annotations

This section does not authorize district courts to accept pleas of not guilty on a conditional basis or alter the requirement under section 29-1812 that a defendant must withdraw his or her plea to the general issue before filing a motion to quash. State v. Liston, 271 Neb. 468, 712 N.W.2d 264 (2006).