43-256 Continued placement or detention; probable cause hearing; release requirements; exceptions. - Nebraska Statutes

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Statutes > Nebraska > Chapter43 > 43-256

43-256. Continued placementor detention; probable cause hearing; release requirements; exceptions.When the court enters an order continuing placement or detentionpursuant to section 43-253, upon request of the juvenile, or his or her parent,guardian, or attorney, the court shall hold a hearing within forty-eight hours,at which hearing the burden of proof shall be upon the state to show probablecause that such juvenile is within the jurisdiction of the court. Strict rulesof evidence shall not apply at the probable cause hearing. The juvenile shallbe released if probable cause is not shown. At the option of the court, itmay hold the adjudication hearing provided in section 43-279 as soon as possibleinstead of the probable cause hearing if held within a reasonable period oftime. This section and section 43-255 shall not apply to a juvenile (1) whohas escaped from a commitment or (2) who has been taken into custody for hisor her own protection as provided in subdivision (2) ofsection 43-248 in which case the juvenile shall be held on order of the courtwith jurisdiction for a reasonable period of time. SourceLaws 1981, LB 346, § 12; Laws 1982, LB 787, § 8; Laws 1998, LB 1073, § 17; Laws 2006, LB 1113, § 38; Laws 2010, LB800, § 19.Effective Date: July 15, 2010

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-256

43-256. Continued placementor detention; probable cause hearing; release requirements; exceptions.When the court enters an order continuing placement or detentionpursuant to section 43-253, upon request of the juvenile, or his or her parent,guardian, or attorney, the court shall hold a hearing within forty-eight hours,at which hearing the burden of proof shall be upon the state to show probablecause that such juvenile is within the jurisdiction of the court. Strict rulesof evidence shall not apply at the probable cause hearing. The juvenile shallbe released if probable cause is not shown. At the option of the court, itmay hold the adjudication hearing provided in section 43-279 as soon as possibleinstead of the probable cause hearing if held within a reasonable period oftime. This section and section 43-255 shall not apply to a juvenile (1) whohas escaped from a commitment or (2) who has been taken into custody for hisor her own protection as provided in subdivision (2) ofsection 43-248 in which case the juvenile shall be held on order of the courtwith jurisdiction for a reasonable period of time. SourceLaws 1981, LB 346, § 12; Laws 1982, LB 787, § 8; Laws 1998, LB 1073, § 17; Laws 2006, LB 1113, § 38; Laws 2010, LB800, § 19.Effective Date: July 15, 2010

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State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-256

43-256. Continued placementor detention; probable cause hearing; release requirements; exceptions.When the court enters an order continuing placement or detentionpursuant to section 43-253, upon request of the juvenile, or his or her parent,guardian, or attorney, the court shall hold a hearing within forty-eight hours,at which hearing the burden of proof shall be upon the state to show probablecause that such juvenile is within the jurisdiction of the court. Strict rulesof evidence shall not apply at the probable cause hearing. The juvenile shallbe released if probable cause is not shown. At the option of the court, itmay hold the adjudication hearing provided in section 43-279 as soon as possibleinstead of the probable cause hearing if held within a reasonable period oftime. This section and section 43-255 shall not apply to a juvenile (1) whohas escaped from a commitment or (2) who has been taken into custody for hisor her own protection as provided in subdivision (2) ofsection 43-248 in which case the juvenile shall be held on order of the courtwith jurisdiction for a reasonable period of time. SourceLaws 1981, LB 346, § 12; Laws 1982, LB 787, § 8; Laws 1998, LB 1073, § 17; Laws 2006, LB 1113, § 38; Laws 2010, LB800, § 19.Effective Date: July 15, 2010