(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.
Notes of Decisions
Cited in
36
cases (
4 in the last 5 years), 1974–2026 · leading case:
State v. Jedlicka, 305 Neb. 52 (Neb. 2020).
State v. Jedlicka, 305 Neb. 52 (Neb. 2020).
· cites it 13× “2 Neb. Rev. Stat. § 29-2267 (3) (Reissue 2016).”
State v. Simons, 315 Neb. 415 (Neb. 2023).
· cites it 9× “2 See § 29-2267. - 419 - Nebraska Supreme Court Advance Sheets 315 Nebraska Reports STATE V.”
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
· cites it 2× “33 §§ 29-2267 and 29-2268. 34 See, e.g., State v .”
State v. Thalmann, 302 Neb. 110 (Neb. 2019).
· cites it 2× “§ 29-2267 (3) (Reissue 2016), revocation proceedings may be instituted against him "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.”
State v. Phillips, 302 Neb. 686 (Neb. 2019).
“14 See § 29-2267(1). 15 State v. Johnson , 287 Neb.”
State v. Sklenar, 690 N.W.2d 631 (Neb. 2005).
· cites it 9× “Sklenar, argues in this case that he is entitled to a discharge from the probation violation proceeding initiated against him because he did not receive “prompt consideration” of the charge under Neb. Rev. Stat. § 29-2267 (Reissue 1995).”
State v. Hernandez, 730 N.W.2d 96 (Neb. 2007).
· cites it 5× “” 36 Under the circumstances, we find no abuse of discretion in the district court’s sentence.”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015).
· cites it 2× “”); Neb.Rev.Stat. § 29-2267 (Westlaw 2015) (court shall not revoke probation or increase requirements imposed on probationer "except after a hearing upon proper notice where the violation of probation is established by clear and convincing evidence.”
State v. Schreiner, 754 N.W.2d 742 (Neb. 2008).
“[8] § 29-2267. [9] See id. [10] Brief for appellant in case No.”
State v. Painter, 394 N.W.2d 292 (Neb. 1986).
· cites it 2× “*810 Neb. Rev. Stat. § 29-2267 (Reissue 1985) then provides in part: 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.”
State v. Davis, 641 A.2d 370 (Conn. 1994).
“Indeed, the legislatures of two states have provided for a clear and convincing standard in probation revocation proceedings; Minn.”
State v. Daniels, 397 N.W.2d 631 (Neb. 1986).
· cites it 2× “Neb. Rev. Stat. § 29-2267 (Reissue 1985) provides in part that “[w]henever a motion or information to revoke probation *266 is filed, the probationer shall be entitled to a prompt consideration of such charge by the sentencing court.”
— Neb. Rev. Stat. § 29-2267(1) — 7 cases
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
“33 §§ 29-2267 and 29-2268. 34 See, e.g., State v .”
State v. Simons, 315 Neb. 415 (Neb. 2023).
“2 See § 29-2267. - 419 - Nebraska Supreme Court Advance Sheets 315 Nebraska Reports STATE V.”
State v. Phillips, 302 Neb. 686 (Neb. 2019).
“14 See § 29-2267(1). 15 State v. Johnson , 287 Neb.”
— Neb. Rev. Stat. § 29-2267(3) — 2 cases
State v. Jedlicka, 305 Neb. 52 (Neb. 2020).
“2 Neb. Rev. Stat. § 29-2267 (3) (Reissue 2016).”
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