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A 15-year-old in Norfolk is taken to the police station after a shoplifting call at a store downtown. His mother is still at work. In Nebraska, one rule applies before anyone asks him a real question: the officers must tell him, in words a 15-year-old understands, that he can call or talk to a lawyer. That rule, and the age lines that decide which court hears his case, are written into Chapter 43 of state law.
In custody under 18: you must be told you can call a lawyer
Section 43-248.01 says any officer holding a person under 18 in custody must tell that person, in developmentally appropriate language (words that fit the young person's age) and without unnecessary delay, about the right to call or consult a lawyer. Unless there is an emergency, the officer must let the call happen right away. The lawyer may meet with the young person alone and in private.
The U.S. Supreme Court set the base for this in In re Gault (1967). It held that a young person facing juvenile court has real constitutional rights, including notice of the charges, a lawyer, and the right not to be forced to confess. So in Norfolk, the safe sentence is short: 'I want to talk to a lawyer.' Then stop talking until one is there.
Which court: the age lines in Nebraska law
Under section 43-245, a juvenile is anyone under 18, even though Nebraska's age of majority (the age you become a legal adult) is 19. Section 43-247 gives juvenile court power over young people who were 11 or older when they did something that would be a crime for an adult.
Section 43-246.01 sets the age lines. Misdemeanors (smaller crimes), like the Norfolk shoplifting case, start in juvenile court for anyone under 18. Felonies (serious crimes) start there for anyone under 14. For ages 14 to 17, most felonies also start in juvenile court, but some of the most serious ones listed in section 29-1816 can be filed in either juvenile or adult court. Cases can be moved between courts.
When a prosecutor or judge decides where a case belongs, section 43-276 lists what they must weigh: whether the young person is likely to respond to treatment, whether there was violence, the young person's age and history, and the best interests of the juvenile, along with public safety.
Sealing a juvenile record
Nebraska lets juvenile records be sealed, which means hidden from most people who look. Under section 43-2,108.04, once a sealing proceeding starts, the court notifies the prosecutor, who has 30 days to object. If there is no objection, the court must order the record sealed. If there is one, the court holds a hearing within 60 days and seals the record if the young person has been rehabilitated to a satisfactory degree, looking at behavior since the case ended.
Where to get help and what to check
If you are charged in juvenile court and cannot pay a lawyer, ask the judge at your first hearing to appoint one. The juvenile court clerk in your county can tell you who handles juvenile defense there. Ask that lawyer about sealing as soon as the case ends.
Curfews are usually city rules in Nebraska, so a curfew in Omaha may not match one in Lincoln. We could not confirm a statewide youth curfew; check your city's ordinances. Read the statutes above on the Nebraska Legislature website by searching the section number.
기억하세요
- In Nebraska, police holding anyone under 18 must tell them, in plain words, that they can call or consult a lawyer, and let them do it.
- Juvenile court covers ages 11 through 17; misdemeanors by anyone under 18 and felonies by anyone under 14 start there.
- At 14 or older, some serious felonies can be filed in adult court, and a judge weighs factors in section 43-276 before moving a case.
- Juvenile records can be sealed: if the prosecutor does not object within 30 days, the court must seal the record.
출처
- Nebraska Legislature: Neb. Rev. Stat. 43-248.01, Juvenile in custody; right to call or consult an attorney (새 탭에서 열림)
- Nebraska Legislature: Neb. Rev. Stat. 43-246.01, Juvenile court; exclusive original and concurrent original jurisdiction (새 탭에서 열림)
- Nebraska Legislature: Neb. Rev. Stat. 43-2,108.04, Sealing of records (새 탭에서 열림)
- Legal Information Institute (Cornell): In re Gault, 387 U.S. 1 (1967) (새 탭에서 열림)
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