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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Whenever a motion or information to revoke probation is filed, the probationer shall be entitled to a prompt consideration of such charge by the sentencing court. The court shall not revoke probation or increase the probation requirements imposed on the probationer, except after a hearing upon proper notice where the violation of probation is established by clear and convincing evidence.
(2) The probationer shall have the right to receive, prior to the hearing, a copy of the information or written notice of the grounds on which the information is based. The probationer shall have the right to hear and controvert the evidence against him or her, to offer evidence in his or her defense, and to be represented by counsel.
(3) For a probationer convicted of a felony, revocation proceedings may only be instituted in response to a substance abuse or noncriminal violation if the probationer has served ninety days of cumulative custodial sanctions during the current probation term.
(4) When a motion or information to revoke probation is filed, the probation term may be extended at the joint request of the probationer and prosecutor until final resolution of the motion or information to revoke probation or until the expiration of the statutorily defined maximum period of probation for the offense for which the probationer has been placed on probation. A court shall accept such request to extend a term of probation so long as the probationer is represented by counsel or the court finds, in open court, that the probationer makes the request freely, voluntarily, knowingly, and intelligently.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 29. Criminal Procedure § 29-2267. Probation; revocation; procedure; extend probation term, when - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-29-criminal-procedure/ne-rev-st-sect-29-2267/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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