Bill > LB127

This bill introduces a comprehensive framework for providing financial compensation to defendants in criminal cases who are found not guilty or have their charges dismissed. The legislation allows individuals to seek damages if their criminal case is resolved in their favor through various means, such as an absolute discharge, voluntary dismissal by the prosecutor, court dismissal, a not guilty verdict (by jury or bench trial), or an overturned conviction. To be eligible, the defendant cannot have been convicted of another substantially similar offense arising from the same incident. The bill defines a "prosecutor" broadly to include various government legal representatives. If a defendant qualifies, they can be awarded reasonable attorney's fees, litigation expenses, and actual damages like lost wages through a court hearing. The bill specifically allows defendants to waive damage claims through an agreement with the prosecutor and provides detailed guidelines for determining what constitutes "substantially similar" misconduct. The purpose of the legislation is to provide financial relief to individuals who have suffered hardship from criminal prosecution and to incentivize government prosecutors to exercise greater caution in filing criminal charges.

Justice

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59011