Miltenberger Law Offices

Understanding the Judge’s Role in Criminal Sentencing in Nebraska

 

When someone is convicted of a crime in Nebraska—whether it’s a DUI, drug offense, or serious felony—the sentencing phase becomes one of the most critical stages of the legal process. Many people wonder: What does the judge consider when deciding a sentence? The answer involves a combination of statutory sentencing ranges, detailed background investigations, and key sentencing factors guided by Nebraska law. In this blog, we break down the judge’s role in criminal sentencing in Nebraska, including felony classifications, the importance of pre-sentence investigations (PSIs), the influence of plea agreements, and how the court determines an appropriate penalty based on Nebraska’s sentencing guidelines.

 

1. Felony Sentencing Ranges: Nebraska Statute § 28‑105

 

One of the first responsibilities a judge has in sentencing a criminal case is to determine the classification of the offense. Under Neb. Rev. Stat. § 28‑105, Nebraska outlines felony classes and their associated penalties. For example:

• -Class II felonies carry a maximum of 50 years imprisonment.
• -Class IIIA felonies are punishable by up to 3 years imprisonment and up to 18 months of post-release supervision, or a fine.
• -Some felonies, such as Class IB, may even carry a mandatory minimum sentence of 20 years up to life in prison.

This statute provides the legal framework for all Nebraska felony sentencing, ensuring that judges operate within defined parameters. Knowing the offense classification is the first step in understanding what sentencing options are available.

 

2. Pre-Sentence Investigations: What They Include and Why They Matter

 

Before imposing a sentence, Nebraska judges frequently rely on a Pre-Sentence Investigation (PSI) to better understand the defendant beyond the crime itself. According to Neb. Rev. Stat. § 29‑2261, a PSI is typically required before sentencing for felony cases and many misdemeanors.

 

A PSI includes:

• -The defendant’s criminal history
• -Mental health and substance use history
• -Educational and employment background
• -Family and social history
• -Statements from victims or affected parties
• -Risk assessments for future offenses

This comprehensive report is prepared by the probation office and is a cornerstone of Nebraska sentencing procedures, especially when probation, treatment programs, or alternative sentencing are being considered. It helps the court weigh options and tailor the punishment to the individual—not just the offense.

 

3. Sentencing Factors Considered by Judges in Nebraska

 

While statutes and PSIs provide structure, judges also apply discretion guided by broader principles outlined by the Nebraska Supreme Court. The Court encourages judges to take a holistic view of sentencing that includes:

 

• -The defendant’s age, maturity, and educational background
• -Motivation for the offense and level of planning or spontaneity
• -Likelihood of rehabilitation
• -Prior criminal record, if any
• -Impact on victims and the community
• -Mitigating or aggravating factors, such as cooperation with law enforcement or use of violence

These Nebraska sentencing factors are publicly detailed in the Reporter’s Guide to Nebraska Trial Court Procedures, and they reflect the state’s commitment to individualized justice.

 

4. Plea Agreements and Sentencing Recommendations

 

In many Nebraska criminal cases, defendants resolve their charges through plea agreements, where the prosecution and defense agree on how to settle the case without going to trial. These agreements often include joint or individual sentencing recommendations—such as a proposed probation term, a request for no jail time, or a cap on imprisonment. These negotiated sentencing recommendations are common in DUI cases, drug possession charges, and even certain felony pleas.

 

However, it is critical to understand that the judge is not bound by these recommendations. Under Nebraska law, even when both parties agree on a sentence, the judge has the ultimate authority to decide the sentence. The court may accept, modify, or reject the proposed agreement after reviewing the pre-sentence investigation and considering all relevant sentencing factors. As long as the sentence imposed is within the statutory range set forth in Neb. Rev. Stat. § 28‑105, it is presumed valid and is rarely overturned on appeal—even if it differs from what the parties recommended.

 

This means that while your attorney can negotiate a favorable outcome and make strong arguments during sentencing, you should always be prepared for the judge to exercise independent discretion. A well-prepared sentencing presentation can make a significant difference in influencing the court’s decision, but judicial discretion in Nebraska criminal sentencing is final.

 

5. Final Judgment: How Judges Decide Sentences in Nebraska

 

Putting it all together, Nebraska judges are tasked with crafting a sentence that:

1. -Fits within the statutory limits outlined in § 28‑105
2. -Incorporates the findings of the PSI under § 29‑2261
3. -Aligns with sentencing factors established by the Nebraska Supreme Court
4. -Promotes justice, rehabilitation, deterrence, and public safety

A judge might sentence someone to incarceration, probation, fines, community service, substance abuse treatment, or a combination thereof. Each case is different, and judicial discretion in Nebraska criminal sentencing is exercised carefully to balance the law with the circumstances.

 

6. Why This Matters for Defendants and Families

 

Understanding the judge’s role in Nebraska criminal sentencing helps defendants and their families prepare for what lies ahead. Whether you’re facing a felony DUI, domestic violence charge, drug possession, or a more serious offense, knowing the sentencing framework can give you clarity and direction. It also highlights the importance of legal representation that knows how to advocate effectively during sentencing—by presenting mitigating evidence, leveraging the PSI, and arguing for rehabilitative outcomes.

 

📚 Key Legal Resources

 

• Felony classifications & sentencing ranges: Neb. Rev. Stat. § 28‑105
• Pre‑Sentence Investigations (PSI): Neb. Rev. Stat. § 29‑2261
• Nebraska Supreme Court sentencing factors: Reporter’s Guide – Sentencing Criminal Cases

 

If you or a loved one is facing sentencing in Nebraska, contact Miltenberger Law Offices today to schedule a confidential consultation. We’ll walk you through the process, explain your rights, and advocate for the best possible outcome—whether you’re headed to trial or pursuing a negotiated plea.