The Cass County Attorney is an elected partisan position with a four year term of office. The County Attorney is considered the top law enforcement official in Cass County.  He is responsible for the criminal prosecution of all felony and misdemeanor crimes that occur within the jurisdiction of Cass County.  The office also performs a number of other duties as defined by Nebraska State Statues.

 The Cass County Attorney’s Office occupies two locations. The Juvenile Diversion and Child Support duties of the Office are located at 329 Main Street, Plattsmouth, (across the street from the Courthouse. The Criminal Juvenile, Traffic, Civil, Bad Check and all other duties of the office are located in the Cass County Courthouse, Room 301.

The County Attorney’s office reviews police investigations, verifies and files charges against persons accused of felonies, misdemeanors and infractions.  The Office also prosecutes these violations. The Office assists in collection of child support, inheritance and other taxes.  Other duties include filing Petitions with Juvenile Court and the adjudication of cases concerning children who are delinquent, neglected, dependent or in need of special supervision.

Abuse / Neglect Petitions:

Children who have been placed in protective custody and/or foster care due to suspected

abuse and/or neglect.  These petitions must be filed within 48 hours or 2 judicial workdays.

Dependency Petitions:

Children who need to be placed in the custody of the Nebraska Department of Social Services due to illness or disabilities involving themselves or their parents.

Delinquency Petitions:

Children who are charged with misdemeanor or felony offenses and have been released to their parents, or have been referred or transferred to Juvenile Court after being cited or arrested.  Also, children who are detained must have a petition filed within 48 hours to remain in detention.

Status Petitions:

Children who have not been arrested or charged with a crime, but are at risk because of truancy, uncontrollable behavior, or behavior that is harmful to themselves or others.

The County Attorney Office represents Cass County in any actions brought against the County.  In addition it represents and advises the Cass County Board as well as the elected Commissioners individually.  The Office also provides legal counsel to the other elected officeholders of Cass County. The office is also charged with the responsibility of representing Cass County in the involuntary commitments of individuals with mental disorders before the Board of Mental Health. Tax foreclosures as a result of non-payment of real estate taxes are also handled by the County Attorney’s office.

The attorneys in the office also serve as acting Coroners for Cass County. 

Crime Committed
Police Investigation
Submit To County Attorney For Charging Decision

Prosecutor’s Options:

 *file against the defendant as charged

 *file additional or other charges

 *ask for further investigation by the police

 *refer matter to juvenile court

 *offer diversion (in limited cases)

 *Not file any charge

Bond Setting:

*usually the next Judicial day after the arrest.

*attorney retained or appointed for the defendant.

*the date is set for the preliminary hearing or preliminary

hearing may be waived by the defendant if the charge is a felon.

*waiving a preliminary hearing does not deny the right to a trial nor is it an admission of guilt.

The Defendant may waive his or her right to a preliminary hearing by choice.

This process automatically binds the case over to district court.

Preliminary Hearing: (in felony cases)

*usually 2 to 3 weeks after the bond setting.

*prosecutor must show that a crime was committed and that there exists “probable cause”

to believe that the defendant committed the crime and that the crime occurred in Cass County Nebraska.

*The case at this time can be bound over to District Court for a trial or be dismissed or be recharged.

Pretrial Motions:

 *motions may be filed by the State or Defendant prior to trial to attempt to resolve   issues in a case prior to trial.

Trial:

*trial is usually within 3 to 6 months from the date complaint is filed.

*at this point a trial will occur or a plea would be agreed upon by the State and the defendant.

*the defendant may be found guilty or not guilty of the charge.

*if the evidence is found to be beyond a reasonable doubt, then the defendant will be convicted.

Sentence:

*normally 6 to 8 weeks after the conviction following an extensive pre-sentence investigation. A victim’s statement is taken and included in the pre-sentence investigation.

*restitution may be determined by the Court and ordered as part of the sentence.

FREQUENTLY ASKED QUESTIONS

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Where is the County Attorney’s Office located?

346 Main Street, #301, Plattsmouth, Nebraska

Is the County Attorney elected or appointed and

 how long is their term?

The County Attorney is elected to a four-year term

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