Cedar County Attorney's Office

 * 101 S. Broadway, 2nd Fl. * P.O. Box 135 * Hartington, NE 68739-0135 * Phone (402) 254-7229 * Fax 254-7233 *


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Frequently Asked Questions

Below are some questions our office gets asked on a regular basis, in no particular order:

 

bulletDo you offer a diversion program in Cedar County for minor offender alcohol related offenses?
bulletI can't make my Court date.  What should I do?
bulletMy child's non-custodial parent is not paying child support.  What should I do?
bulletI have a C.D.L.  Can I take S.T.O.P.?
bulletI want to report a crime.  What should I do?
bulletWhat happens when I have to come in and appear in Court for arraignment?
bulletI was ticketed for No Valid Registration.  What should I do?
bulletI was ticketed for No Proof of Insurance.  What should I do?
bulletI have a School Permit.  What constitutes a school event?
bulletI want to pay my ticket.  Where do I send payment?
bulletI need to get a Harassment Protection Order.  Where do I apply for one?
bulletSomebody owes me money.  How do I get information on Small Claims Court?
bulletI feel I've been wrongly accused.  What should I do?
bulletI want to report child abuse.  Who should I report it to?
bulletWhat are the new DUI laws and penalties?

Do you offer a diversion program in Cedar County for minor offender alcohol related offenses?

No.  At one point a few years ago, our office attempted a diversion program for such offenses.  Through our experience we found that many of the minors re-offended.  Our program was not successful and thus was discontinued.  Back to top.

I can't make my Court date.  What should I do?

To request a continuance of your court date, you will need to contact Cedar County Court at (402) 254-7441, and you will be instructed how to proceed.  Back to top.

My child's non-custodial parent is not paying child support.  What should I do?

Contact Nebraska Health & Human Services System, Child Support Enforcement, Norfolk Office, 209 North 5th Street, P.O. Box 339, Norfolk, NE 68702-0339, Toll Free Customer Service Number (877) 631-9973.  Back to top.

I have a C.D.L.  Can I take S.T.O.P.?

No.  Unfortunately in Nebraska there is a "Masking Law" that precludes you from participating in any type of diversion program for your traffic offense.  

Pursuant to Neb.Rev.Stat. §60-4,147.01, Driver's record; disclosure of convictions; requirements:  "The Department of Motor Vehicles, a prosecutor, or a court must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a commercial driver's license driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state."    Back to top.

I want to report a crime.  What should I do?

Our office can not conduct a criminal investigation because we can not put ourselves on the stand to testify at trial.  Please contact the Cedar County Sheriff's Department at (402) 254-6884 to make arrangements to give your statement and/or supporting evidence to the Sheriff's chief investigator.  You will be asked to complete a Voluntary Statement.  You may print off a Voluntary Statement by clicking here, or you may visit the "Forms" section of this website.   Back to top.

What happens when I have to come in and appear in Court for arraignment?

If you were given a ticket with a court date and a waiver was not allowed, or if you were arrested and given an Appearance Bond commanding you to appear in court on a certain date and time, you are required to appear in Court.  When you appear for arraignment, you may be appearing at the same time as other defendants for arraignment.  The presiding Judge will advise you and others at the outset of your constitutional rights.  Following that, each defendant will be called before the court, one at a time.  The Judge will have you state your name and address.  He will review with you what you have been charged with, along with the minimum and maximum penalties for each offense charged.  He will ask you if you want the County Attorney to read the complaint aloud to you in the courtroom, or if you waive the reading of the complaint.  The Judge will then ask you what your intentions are regarding an attorney:  will you hire an attorney, are you requesting the court appoint you an attorney, or do you wish to proceed without an attorney.  The Judge will advise you of the possible pleas, and ask you how you plead to each offense charged.  If you told the court that you would be hiring your own attorney or that you are requesting an attorney, the Court will enter a not guilty plea on your behalf, and set the matter for either pre-trial conference or trial to the Court.  If you told the Court that you wish to proceed without an attorney, the court will then ask you to enter your plea to each offense.  If you plead not guilty, the matter will be set for trial.  If you plead no contest or guilty, the matter will proceed to sentencing.  If the Court wants more information about you or your past, the Court will order a presentence investigation and set sentencing to a date following projected receipt of the investigation.  The presentence investigation is a sentencing tool to only be viewed by you, your attorney, the Judge and the County Attorney.  Back to top.

I was ticketed for No Valid Registration.  What should I do?

If, within 10 days of receiving your ticket, you provide our office proof of current registration, our office will not file the offense with the Court.  Any time after 10 days after the ticket is written that we have not received proof of your registration from you, the ticket may be filed with the Court, fine and costs assessed.  Back to top.

I was ticketed for No Proof of Insurance.  What should I do?

If, within 10 days of receiving your ticket, you provide our office proof that your vehicle was insured at the time you got the ticket, our office will not file the offense with the Court.  Any time after 10 days after the ticket is written that we have not received proof of your insurance from you, the ticket may be filed with the Court and your appearance in court on the date and time designated on the ticket will be required.  Back to top.

I have a School Permit.  What constitutes a school event?

If you have a school permit, you may travel "To and from where [you] attend school and between schools of enrollment over the most direct and accessible route by the nearest highway from [your] place of residence to transport such person or any family member who resides with such person to attend duly scheduled courses of instruction and extracurricular or school-related activities at the school [you] attend."  SeeNeb.Rev.Stat. §60-4,124(2)(a).  Any event which does not seem obvious to you as falling under an extracurricular or school-related activity, please contact our office for guidance.  It is not permissible to drive to another town to attend a school-related event.  In those circumstances, you may drive to the school, but you must ride the spectator bus to the event.  Back to top.

I want to pay my ticket.  Where do I send payment?

Please sign the back of your ticket, and mail the ticket and your payment to Cedar County Court, P.O. Box 795, Hartington, NE 68739.  Back to top.

I need to get a Harassment Protection Order.  Where do I apply for one?

You will need to contact Cedar County District Court at (402) 254-6957.  You will need to present yourself to the District Court Clerk on the 2nd Floor of the Courthouse to pick up the proper forms.  Back to top.

Somebody owes me money.  How do I get information on Small Claims Court?

Contact Cedar County Court at (402) 254-7441 or visit their office on the 2nd Floor of the Courthouse.  Cedar County Court has an informative brochure and the proper forms for you to use in filing a Small Claim against another individual.  Back to top.

I feel I've been wrongly accused.  What should I do?

Our best advice is for you to contact an attorney to find out what your rights are and to see if there are any legal remedies for your situation.  If you do not wish to contact an attorney, you may write a letter to our office for the County Attorney to consider in your criminal situation, but you do so at your own risk.  Anything you present to our office for consideration may be used against you in Court.  Back to top.

I want to report child abuse.  Who should I report it to?

You may contact the Cedar County Sheriff at 254-6884, but you should most certainly contact the Nebraska Department of Health & Human Services in Center, Nebraska, at (402) 288-4291.  For more information, visit the Child Abuse section of the NE DHHS website by clicking hereBack to top.

What are the new DUI laws and penalties?

Nebraska arguably has the stiffest DUI laws in the United States.  You will find the new DUI law statutes by looking up ALCOHOL AND DRUG VIOLATIONS, beginning with Neb.Rev.Stat. §60-6,196 and continuing through to §60-6,211.08.  Nebraska Statutes can be accessed through the Nebraska Legislature website.  What follows is a detailed listing of various alcohol offenses and their penalties depending upon probation or no probation.      Back to top.

 

Effective 07-14-06

 
  PROBATION NO PROBATION
1ST OFFENSE:
(CLASS W MISDEMEANOR)
NO JAIL, $400.00 FINE AND 60 DAY LICENSE REVOKE OR IMPOUND 7-60 DAYS JAIL AND $400.00 - $500.00 FINE AND 6 MO LICENSE REVOKE OR IMPOUND
1ST OFFENSE .15 OR OVER:
(CLASS W MISDEMEANOR)
2 DAYS JAIL OR 120 HRS COMM SERV, $500.00 FINE AND 1 YR LICENSE REVOKE OR IMPOUND 7-60 DAYS JAIL AND $400.00 - $500.00 FINE, AND 1 YR LICENSE REVOKE OR IMPOUND
2ND OFFENSE:
(CLASS W MISDEMEANOR)
10 DAYS JAIL OR 240 HRS COMM SERV, $500.00 FINE AND 1 YR LICENSE REVOKE OR IMPOUND 30-180 DAYS JAIL AND $500.00 FINE AND 1 YR LICENSE REVOCATION
2ND OFFENSE .15 OR OVER:
(CLASS I MISDEMEANOR)
30 DAYS JAIL AND $1000.00 FINE AND 1-15 YR LICENSE REVOKE OR IMPOUND 90 DAYS-1 YR JAIL AND $0.00 - $1000.00 FINE AND 1-15 YRS LICENSE REVOCATION
3RD OFFENSE:
(CLASS W MISDEMEANOR)
30 DAYS JAIL AND $600.00 FINE AND 2-15 YR LICENSE REVOCATION 90-365 DAYS JAIL AND $600.00 FINE AND 15 YRS LICENSE REVOCATION
3RD OFFENSE .15 OR OVER:
(CLASS IIIA FELONY)
60 DAYS JAIL AND $1000.00 FINE AND 5-15 YEAR LICENSE REVOCATION CLASS IIIA FELONY AND 180 DAYS - 5 YRS J AIL AND 15 YRS LICENSE REVOCATION
4TH OFFENSE:
(CLASS IIIA FELONY)
90 DAYS JAIL AND $1000.00 FINE AND 15 YR LICENSE REVOCATION CLASS IIIA FELONY, 180 DAYS - 5 YEARS JAIL AND 15 YRS LICENSE REVOCATION
4TH OFFENSE .15 OR OVER:
(CLASS III FELONY)
120 DAYS JAIL AND $1000.00 FINE AND 15 YRS LICENSE REVOCATION CLASS IIIA FELONY AND 15 YRS LICENSE REVOCATION
5TH OFFENSE:
(CLASS III FELONY)
180 DAYS JAIL AND $1000.00 FINE AND 15 YRS LICENSE REVOCATION CLASS III FELONY AND 15 YRS LICENSE REVOCATION
5TH OFFENSE .15 OR OVER:
(CLASS II FELONY)
180 DAYS JAIL AND $1000.00 FINE AND 15 YRS LICENSE REVOCATION CLASS II FELONY AND 15 YRS LICENSE REVOCATION