When an individual is arrested and charged with driving under the influence, or DUI, in Nebraska the accused is typically taken into custody and an initial bond amount set. Bond is an amount that can be paid to secure the release of the defendant pending the outcome of the case. If you have a family member or loved one who is currently being held on DUI charges in Nebraska with a bond amount that is too high for you to pay it may be possible to get the bond lowered with the assistance of an experienced Nebraska DUI defense attorney.
An initial bond amount is typically set right after an arrest. Sometimes a bond amount is set before your initial appearance in court while in other cases the judge will set bail at your initial appearance. If you are not represented by counsel at your initial appearance the bond amount set will essentially be based on a one-sided argument, that of the prosecuting attorney. For this reason, it is best to hire a criminal defense attorney immediately after an arrest of possible. Under most circumstances, an accused must be brought before a judge within a relatively short period of time – less than 72 hours—to avoid a violation of the defendant’s Constitutional rights. Therefore, it is important to contact a DUI defense attorney as soon as possible after an arrest so the attorney can be present at the initial hearing to make an argument for a lower bond.
If your family member or loved one did not have an attorney present at the initial hearing it may still be possible to get a bond reduction with the help of an attorney. As soon as you hire an attorney the attorney can file a Motion for Bond Reduction with the court. Typically, the court will then set the Motion for hearing. At the hearing your attorney can present testimony and evidence in support of a bond reduction. When considering bond, a judge may consider the following:
- Risk of flight – ties to the community, steady employment or enrollment in school, and a lack of previous criminal history will all work in favor of a reduction.
- Danger to the community – if you have previous convictions for violent offenses or a history of driving under the influence a court may be hesitant to reduce your bond as you may be considered a potential danger to the community.
- Severity of instant offense – factors such as your BAC level at the time of the arrest, whether or not an accident was involved, and what charges were actually filed against you (felony or misdemeanor?) will all be considered.
If you have a loved one who is currently in custody on DUI charges in Nebraska and you are concerned about the amount of bond requirement to secure your loved one’s release, contact Petersen Law Office 24 hours a day at 402-513-2180.