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Nebraska Criminal Statute of Limitations Laws
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All states have time limits for prosecutors and plaintiffs to file a cause of action. These are statutes of limitations. Civil statutes of limitations are the time period a plaintiff has to file a civil action, like a personal injury case. Criminal statutes of limitations ensure a defendant’s right to a speedy trial.
Criminal statutes of limitations help ensure that criminal cases get filed while evidence is fresh and witnesses are still available. They also keep defendants from having to worry about criminal charges hanging over their heads while prosecutors decide whether to prosecute a case.
In the state of Nebraska, statutes of limitations begin, or run, from the time a criminal offense is committed or when a grand jury hands down an indictment. Other states may have different start dates for their statutes.
Unlike civil statutes of limitations, criminal statutes can be paused, or tolled, if the suspect is out of state. This is because the state does not have jurisdiction over a suspect who is out of the state. A suspect cannot evade a state’s criminal justice system by crossing a state line and waiting until the statute runs out. Tolling the statute means that whenever they return to the state, the statute starts running again.
A few serious crimes do not have statutory time limits. These are usually murder, rape or sexual assault, and crimes involving children. The table below breaks down the Nebraska criminal statutes of limitations for all types of offenses:
Nebraska Criminal Statute of Limitations Definition |
The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Nebraska law, the statute of limitations depends on the severity of the crime you face, ranging from one year to no limit. |
|---|---|
Nebraska Criminal Statute of Limitations Code Section |
|
Nebraska Criminal Statute of Limitations for Felonies |
No Limit:
Six Years:
Five Years:
Three Years
|
Nebraska Criminal Statute of Limitations for Misdemeanors |
18 months |
Nebraska Criminal Statute of Limitations for Crimes in Which a Child Is a Victim |
No Limit:
Seven years after the offense or seven years after the child turns 16, whichever is later:
18 months after the offense or 18 months after the child turns 18, whichever is later:
|
Nebraska Criminal Statute of Limitations for Other Offenses |
Offense punishable by a fine or forfeiture not exceeding $100 and not more than three months in prison: One year |
Note: State laws may change at any time through the enactment of newly signed legislation, decisions from appellate courts, or other means. Be sure to contact a Nebraska criminal defense attorney or conduct your own legal research to verify the Nebraska law(s) you are researching.
Research the Law
- Nebraska Law
- Official State Codes – Links to the official online statutes (laws) in all 50 states and DC.
Nebraska Criminal Statute of Limitations: Related Resources
- Criminal Law Overview
- Classifications of Crimes
- Nebraska Criminal Law
- Nebraska Civil Statute of Limitations
Questions About Criminal Statute of Limitations in Nebraska? Speak With an Attorney
Nebraska criminal statutes of limitations ensure the accused won’t spend the rest of their lives worrying about prosecution for anything but the very worst of crimes. If you find yourself or someone you love facing criminal charges, it’s a good idea to consult with a Nebraska criminal law attorney. They’ll examine the facts of your case, explain your options, and give you legal advice throughout the process.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Nebraska attorneys offer free consultations.
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