Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-3902 (2026)

Indigent defendant; right to counsel

✓ current as of July 2026
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At a felony defendant's first appearance before a court, the court shall advise him or her of the right to court-appointed counsel if he or she is indigent.

If he or she asserts indigency, the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency. If the court determines him or her to be indigent, it shall formally appoint the public defender to represent him or her in all proceedings before the court and shall make a notation of such appointment and appearances of the public defender upon the felony complaint. The same procedure shall be followed by the court in misdemeanor cases punishable by imprisonment.

Notes of Decisions
Cited in 9 cases, 1991–2018 · leading case: State v. Dill, 913 N.W.2d 470 (Neb. 2018).
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State v. Dill, 913 N.W.2d 470 (Neb. 2018). · cites it 3× “Neb. Rev. Stat. § 29-3902 (Reissue 2016).”
Alabama v. Shelton, 535 U.S. 654 (2002). · cites it 2× “02(1) (2001); Neb. Rev. Stat. § 29-3902 (1995); N. Y. Crim.”
State v. Dill, 300 Neb. 344 (Neb. 2018). · cites it 3× “”38 If the defendant asserts indigency, “the court shall make a reasonable inquiry to determine his or her financial condition and may require him or her to execute an affidavit of indigency.”
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). “§46-8-101 (2007); (24) Nebraska: see Neb. Rev. Stat. § 29-3902 (1995); (25) Nevada: see Nev.”
State v. Green, 470 N.W.2d 736 (Neb. 1991). · cites it 2× “See, also, Neb. Rev. Stat. § 29-3902 (Cum. Supp. 1990) (statutory right to counsel for felony defendants and *334 misdemeanants who may be punished by imprisonment).”
State v. Green, 471 N.W.2d 413 (Neb. 1991). · cites it 2× “See, also, Neb. Rev. Stat. § 29-3902 (Cum. Supp. 1990) (statutory right to counsel for felony defendants and misdemeanants who may be punished by imprisonment).”
State v. Stott, 576 N.W.2d 843 (Neb. Ct. App. 1998). · cites it 5× “2d 413 (1991); Neb. Rev. Stat. § 29-3902 (Reissue 1995) (statutory right to be advised of right to counsel if indigent for felony defendants and misdemeanants who may be punished by imprisonment).”
State v. Hanus, 534 N.W.2d 332 (Neb. Ct. App. 1995). · cites it 2× “See, also, Neb. Rev. Stat. §§ 29-3902 and 29-3906 (Cum.”
State v. Golden, 599 N.W.2d 224 (Neb. Ct. App. 1999). · cites it 2× “Neb. Rev. Stat. § 29-3902 (Reissue 1995) provides that at the first appearance before a court, the court shall advise a felony defendant or a misdemeanant whose offense is punishable by imprisonment of his or her right to court-appointed counsel if he or she is indigent.”
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