Nebraska Revised Statutes
Neb. Rev. Stat. § 29-504 (2026)
Felony; speedy preliminary hearing required
✓ current as of July 2026
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When the complaint is for a felony, upon the accused being brought before the magistrate, he shall proceed as soon as may be, in the presence of the accused, to inquire into the complaint.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1944–2024 · leading case: State v. Thomas, 459 N.W.2d 204 (Neb. 1990).
State v. Thomas, 459 N.W.2d 204 (Neb. 1990). “Defendant next contends that the time between the filing of the initial information on September 11, 1987, and the preliminary hearing on April 17,1989, constituted inexcusable delay, in violation of Neb. Rev. Stat. § 29-504 (Reissue 1989). Defendant was not extradited to…”
State v. Wilkinson, 365 N.W.2d 478 (Neb. 1985). “After the defendant had been charged with a felony, he was entitled to a preliminary hearing pursuant to Neb. Rev. Stat. § 29-504 (Reissue 1979). The scope of that hearing is defined in Neb.”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015). “”); Neb.Rev. Stat. § 29-504 (Westlaw 2015) ("When the complaint is for a felony, upon the accused being brought before the magistrate, he shall proceed as soon as may be, in the presence of the accused, to inquire into the complaint.”
State v. Boslau, 601 N.W.2d 769 (Neb. 1999). “§ 29-506 (Reissue 1995). Once the defendant is bound over to district court, the State files an information with the district court, setting forth the charge or charges against the defendant.”
State v. O'KELLY, 124 N.W.2d 211 (Neb. 1963). “Section 29-504, R. R. S. 1943, requires that a person charged with a felony shall be brought before a magistrate and that the magistrate “shall proceed as soon as may be,” to inquire into the complaint.”
Maher v. State, 13 N.W.2d 641 (Neb. 1944). “the time within which a preliminary hearing must be had in cases of extra jurisdictional offenses is set forth in section 29-504, Comp. St. 1929, which in part provides as follows: “That when the complaint if (is) for a felony, * * * upon the accused being brought before the…”
State v. Hutton, 648 N.W.2d 322 (Neb. Ct. App. 2002). “Neb. Rev. Stat. § 29-504 (Reissue 1995). If probable cause is found, the defendant is bound over to the district court, where he or she is held unless bail is set and posted.”
State v. Timmerman, 687 N.W.2d 24 (Neb. Ct. App. 2004). “Neb. Rev. Stat. § 29-504 (Reissue 1995). If probable cause is found, the defendant is bound over to the district court, where he or she is held unless bail is set and posted.”
State v. Gau, 153 N.W.2d 298 (Neb. 1967). “Defendant contends that the denied of a preliminary hearing for 36 days, extending from November 15 to December 21, 1965, was a violation of section 29-504, R. R. S. 1943, which provides, that: “* * * upon the accused being brought before the magistrate, he shall proceed as soon…”
State v. Gonzales (Neb. Ct. App. 2016). “ce and statements obtained as a result of his arrest and detention; (2) there was insufficient evidence to support his conviction for all three counts; (3) he was denied removal for cause of an allegedly biased juror, which in turn denied him effective use of the peremptory…”
State v. Blackwell (Neb. Ct. App. 2023). “Neb. Rev. Stat. § 29-504 (Reissue 2016). Since Blackwell was charged with a misdemeanor, her counsel had no duty to inform her of rights she did not have yet but may attain under different circumstances.”
State v. Yost (Neb. Ct. App. 2023). “Neb. Rev. Stat. § 29-504 (Reissue 1995). If probable cause is found, the defendant is bound over to the district court, where he or she is held unless bail is set and posted.”
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