Nebraska

Lower Age:

None specified

Upper Age:

17

Direct File

Neb. Rev. Stat. Sec. 43-27

Sec. 43-276

The juvenile court's jurisdiction is concurrent with those of the district/county courts in cases that meet age/offense criteria. The law specifies a number of factors (including, among many others, "the best interests of the juvenile and the security of the public") that must be considered by the county attorney in deciding how to file.

Offense Category

Minimum Age

Offense Detail

Any Criminal

16

Any nontraffic misdemeanor.

Certain Felonies

None specified

Any felony.

Reverse Waiver

Neb. Rev. Stat. Sec. 43-261

Sec. 29-1816

Sec. 43-276

When a juvenile is charged in criminal court (see Direct File), the juvenile may move the court, orally or in writing, to waive jurisdiction to the juvenile court. If the county attorney does not object, the case may be transferred without any formal findings. Otherwise, after a hearing in which both sides present evidence bearing on the same considerations that the county attorney was required to take into account in making the original filing decision (see Direct File), the court must transfer the case "unless a sound basis exists for retaining jurisdiction." The court must set forth findings for its decision, but the grant or denial of a transfer is not immediately appealable.

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