26-205. Release following arrest; advisement; statements inadmissible.
252 words·~1 min read·
/ne/chapter-26/26-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) If a person arrested for a domestic assault offense or sexual assault offense is released from custody prior to the expiration of the no-contact period, the person shall be advised of the restrictions of the no-contact period and the penalties under section 26-206 for violating such restrictions. Such advisement shall be provided orally and in writing.
(b)Such advisement may be provided by a law enforcement officer, a judge, a jail official, or a designee of any such person.
(c)The arrested person shall sign a written acknowledgment stating that such person has received the advisements required by this subsection, understands the restrictions of the no-contact period, and understands the penalties for violating such restrictions.
(d)If the arrested person refuses to sign the acknowledgment, such person shall not be released from custody until after expiration of the no-contact period.
(2)Any statements or information provided by an arrested person while he or she is being given the advisements required by subsection
(1)of this section shall not be admissible in any proceeding, except for a proceeding relating to a violation of section 26-202 .
(3)Subsection
(1)of this section does not apply if:
(a)The victim provides a waiver as provided in section 26-203 ; or
(b)The court orders the discharge of the arrested person under section 29-506 after finding that no domestic assault offense or sexual assault offense has been committed or that there is no probable cause for holding the person to answer for the offense.