Navigating Bond and Bail in Nebraska: What You Need to Know
If you've been arrested and held in custody for a crime in Nebraska, one of your first encounters with the court system will be an initial hearing in county court. During this hearing, a judge determines if and under what conditions you might be eligible for release before your trial. Here’s a comprehensive look at the bond-setting process in Nebraska and what you need to understand about being out on bond.
Initial Court Hearing and Bond Setting
After an arrest, the initial court hearing is crucial as it sets the stage for your pretrial release. Most Nebraska jurisdictions operate under a percentage bond system. The judge decides the amount you must pay to secure your release from custody. Typically, you will be required to pay 10% of the total bond amount. For example, if the bond is set at $10,000, you would need to pay $1,000.
Nebraska also allows for personal bonds, where you can be released on a "promise to pay" backed by your signature, without any immediate cash payment. Unlike many states, Nebraska doesn’t rely heavily on bail bond agents because the court refunds 90% of the bond money at the case’s conclusion.
Understanding Your Rights and Responsibilities on Bond
When you are out on bond, you enter into a contract with the Pretrial Release Office. It is crucial to understand and comply with the conditions imposed by the judge. Violating these conditions can lead to your bond being revoked and a return to custody.
Factors Influencing Bond Decisions
Judges in Nebraska consider several factors when determining bond and its conditions:
Criminal Record: The prosecutor will present your prior and current criminal records.
Community Ties and Work History: Statements from you or your attorney about your employment and ties to the community will be considered.
Flight Risk and Public Safety: The judge assesses your likelihood of returning to court and whether you pose a risk to public safety.
Common Bond Conditions
If you are released on bond, the judge may impose several conditions based on the specifics of your case. Common conditions include:
Attending all court hearings.
Avoiding contact with the victim.
Wearing a tracking device.
Abstaining from alcohol and undergoing random drug and alcohol screenings.
Traveling Out of State on Bond
If you wish to travel out of state while on bond and your travel has been restricted as part of your bond, you must obtain the court’s permission. An experienced criminal defense attorney can help present your case to the judge, demonstrating that you pose no flight risk. In some instances, the judge might require you to surrender your passport as an additional precaution.
Modifying Bond Conditions
Bond conditions can sometimes be modified, though this is a challenging process that requires strong legal advocacy. Your attorney can negotiate with prosecutors and argue for modifications based on changes in your circumstances or other relevant factors.
Consequences of Rearrest While on Bond
If you are rearrested while out on bond, the judge may revoke your bond, meaning you will remain in custody until your case is resolved or until the bond is re-imposed. However, a rearrest doesn’t automatically lead to bond revocation; the judge might impose stricter conditions instead.
Consulting with an Attorney
The bail and bond system can be complex, and having an experienced criminal defense attorney is vital. Your attorney can guide you through the process, ensure your rights are protected, and help you understand the implications of your bond conditions. If you’re facing criminal charges it is crucial to seek legal counsel. Contact Clinch Law Firm today to learn more about how we can assist you. Call (402) 908-5699 or send an email to jerry.clinchlawfirm@gmail.com to get started.
