Rebecca Harling – County Attorney
301 N Jeffers Room 101A
North Platte, NE 69101
308-534-4350 Ext 4320 (p)
308-535-3541 (f)
8:00 a.m. – 5:00 p.m.
Monday – Friday
County Attorney
The County Attorney is elected by the voters of Lincoln County for a four-year term. Rebecca Harling is our current Lincoln County Attorney. She took office in February 2008.
The County Attorney appoints her own Deputies. The office has six Deputy County Attorneys. Four of those Deputies practice criminal law, two practice civil law and Child Support Enforcement. The current Deputies practicing criminally are: Michael Nozicka, Chief Deputy County Attorney; Angela Franz, Deputy County Attorney; and Kortnei Smith, Deputy County Attorney; and Samantha Stephenson, Deputy County Attorney. The attorneys practicing in the Child Support Division and civil law are Tyler Volkmer and Stephen King.
The County Attorney is the acting Coroner for Lincoln County, Nebraska. The Coroner is called to accident scenes, to the scene when someone dies in his/her home, and to the scene when someone dies as a result of a crime.
Please complete the Request for Prosecution of Bad Check form. Enclose it with the $10 filing fee in a sealed, secured envelope addressed to the Lincoln County Attorney’s Office. The envelope can be left in the county drop box located in the parking lot of the Lincoln County Detention Center at 302 North Jeffers, near the Children’s Museum.
Download the Bad Check Request Form
Bad Checks
The County Attorney’s Office also has a Bad Check Division. The prosecution of bad checks is as follows:
- The check must be written in Lincoln County, Nebraska.
- Goods or merchandise must be exchanged in Lincoln County, Nebraska, on the day the check was written. The bad checks division cannot accept checks that are written on a closed account, stop payment checks, postdated checks, or held checks. Closed account checks must be turned over to the appropriate law enforcement agency for investigation.
- If the check written is under $1,500.00 the merchant/business has up to eighteen months to bring the check into the office for prosecution. If the check written is over $1,500.00 the merchant/business has 3 years to bring the check into the office for prosecution.
- Once a letter is sent to the check writer at the address listed on their check, they have 10 business days to pay the check in the office. If the check writer fails to pay for the bad check in the time allotted, the County Attorney’s Office will file a bad check warrant for the individual.
Child Support Enforcement
The Child Support Division is responsible for the establishment of paternity and child support orders as well as the enforcement of child support orders. These matters are considered Civil and are heard in District Court. In addition to the 2 attorneys in the Child Support Division there are also 4 support workers who handle the child support cases.
Exception to the District Court Referee’s Report
The process of appealing a Referee Report is called an Exception. When an Exception is filed, the case is then heard by the assigned District Court Judge. If you disagree with the Referee Report, you are entitled to have your case reviewed by the District Court Judge assigned to your case.
To start this process, you must do the following:
- To start this process, you must complete the Exception to Referee Report form. This form must be completed and filed with the Clerk of the District Court within fourteen (14) days of the date the Referee Report was filed.
- The Clerk of the District Court is located on the 3rd Floor of the Lincoln County Courthouse, 301 N. Jeffers, North Platte, NE
- You must mail a copy of the Exception to Referee Report form to all other parties to the case or their attorneys if they have one.
- Once Exception to the Referee Report has been filed, the District Court will schedule a hearing date to hear your Exception.
- The individual taking exception to the Referee’s Report and Recommendation is responsible for any and all costs or fees associated with filing the Exception.
- These Procedures are not legal advice. The Child Support Division of the County Attorney’s Office or the Clerk of the District Court cannot give you legal advice. If you have further questions or need assistance with the Exception process, please consult a private attorney.
Download the Exception to Referee Report form
The Deputy County Attorney in charge of the Civil Division defends Lincoln County employees and provides legal advice to the elected officials.
The County Attorney prosecutes criminal cases on behalf of the State of Nebraska in and for Lincoln County. The basic procedure is as follows:
- An individual violates the laws of the State of Nebraska.
- The violator is arrested and taken to jail or is given a citation (ticket) by law enforcement.
- If the citation allows a waiver, the violator may plead guilty and pay the fine and court costs without appearing in before the Judge.
- If the violator is not allowed a waiver, and the offense is a misdemeanor in nature, the citation will have an arraignment date for the violator to appear in Court. There are numerous options available at the arraignment: The Defendant can request an attorney or plead guilty, not guilty, or no contest. If the violation is a misdemeanor it remains in the County Court system.
- If the violation is a felony, it is first heard in County Court. The County Court Judge determines if the State has presented sufficient evidence to bind the case over to the District Court for trial by Judge or Jury.
- The County Attorney or a Deputy is selected to prosecute any given case. He or she examines all the written, photographic, or physical evidence that law enforcement officers and their witnesses have provided.
- In Criminal Court the violator is called a Defendant. If the Defendant so chooses they may hire their own attorney, or if the offense is one seeking jail time, the Defendant may file paperwork with County Court and the Judge will determine the Defendant’s eligibility for appointed counsel.
- If a case is set for a jury trial, in County Court a jury of six is selected and in District Court a jury of twelve is selected.
- If the Defendant pleads guilty or is found guilty by a jury, the sentencing occurs after a pre-sentence investigation is completed.
The County Attorney’s Office also helps people when they are a danger to themselves and/or to others. Law enforcement officers often respond to 911 calls and proceed to take the individual into protective custody. The individual is taken to the local hospital and placed in the Behavioral Unit. The County Attorney or Deputy meets with a special board to determine if the individual should be kept in custody, released, or possibly placed in a special facility.
Registration can only be completed by contacting Traffic Safety Plus by phone at 402-466-0033 or online at www.trafficsafetyplus.org.
Stop Program
If cited with certain minor traffic violations these are your options:
* Appear in Court
* Pay by Waiver
* Participate in the S.T.O.P. Program
The S.T.O.P. Program
Take the Course and have:
- No Citation Fine
- No Court Appearance
- No Points off Your License
Offenses Not Eligible for the S.T.O.P Program:
- Leaving the Scene of an Accident
- Driving Under the Influence of Alcohol and/or drugs
- Willful Reckless or Reckless Driving
- Fleeing to Avoid Arrest
- Refusal of Breath or Blood Test
- Driving Under Suspension
- Injury Accidents
- Speeding more than 19 mph over the speed limit
- No Insurance
- CDL Operator’s License Holder
S.T.O.P. Course Registration Fee
$140.00 (Court costs may be applicable) or can be taken online for an additional fee.
How Can I Enroll?
- Register on-line (trafficsafetyplus.org)
or call 402-466-0033
Traffic Safety Plus
111 N. 56th St., STE 301
Lincoln, NE 68504
If you wish the victim advocate to contact you, please email LeeAnn Nielsen and she will respond within 1-2 business days. In case of an emergency, please dial 911. Protection Orders can be completed through the District Court.
Victim Witness Unit
Also located in the County Attorney’s Office is a Victim Witness Unit. The Victim Witness Director is LeeAnn Nielsen. The Assistant is Cynthia Rucker. The Victim Witness Unit helps guide individuals through the complex criminal justice system.
The successful prosecution of criminal cases depends mainly on the support and assistance victims and witnesses provide, especially their willingness to testify in court. The Victim Witness Unit works closely with law enforcement and other community agencies to ensure that the victim is protected from additional acts committed by the Defendant; to protect the children and other family members of the victim from exposure to, or possible injury inflicted by the Defendant; and to gather restitution information from the victims of crimes.
The Victim Witness Unit advocates and offers support to victims of crime.
This agency does not discriminate on the basis of race, color, national origin, religion, sex, disability, or age in the delivery of services. If language accommodations are needed, please call the Victim Witness Office and request a language card.
Esta agencia no discrimina por motivos de raza, color, origen nacional, religión, sexo, discapacidad o edad en la prestación de servicios. Si se necesita alojamiento sobre lenguaje, por favor llame a la Oficina para Víctimas Testigos y solicite una tarjeta de idioma