
If you’ve been arrested and held in custody for a Nebraska crime, you must typically appear for an initial hearing in county court.
At this court hearing, a judge makes specific key findings about whether and under what circumstances the accused is eligible for release before trial.
Most Nebraska jurisdictions operate under a percentage bond system, where the judge decides the amount the person must pay to be released from custody.
While there are many fundamental issues with the cash bond system in the United States, posting bond as a condition of release continues to be the standard in most Nebraska criminal courts.
Although the Sixth Amendment guarantees defense counsel at all critical stages of a criminal case, the U.S. Supreme Court has not recognized the bail or bond hearing as critical.
Therefore, it is vital that you consult with an attorney to understand the implications of being out on bond in Nebraska. If you wish to learn more about the rules when out on bond, contact Petersen Criminal Defense Law at 402-512-5558.
Bond Setting in Nebraska
When law enforcement arrests you and charges you with a crime in Nebraska, a judge will typically require you to post money to be released from custody until the resolution of your case.
However, the judge has the discretion to set a percentage bond where you usually have to pay 10% of the required amount. For instance, if a judge sets a percentage bond at $10,000, you must post 10% or $1,000 to be released.
A judge can also permit a “personal bond,” where law enforcement can release you from jail on a “promise to pay.” You guarantee this promise with your signature.
Unlike other states, Nebraska does not use bail bond agents much because the Court refunds 90% of the money at the end of the case.
Out On Bond Meaning
Courts consider bonds a contract between the accused and the Pretrial Release Office. Thus, if you are out on bond, you must abide by any rules the judge imposes as a condition of release.
Relevant Factors in Determining Bond
The purpose of bond in Nebraska is to ensure that you return to court and are not a risk to the public. As such, Nebraska judges commonly impose conditions that accompany your release on bond. The requirements of your bond depend on several factors. Some factors that go into setting bond conditions include the following:
- The prosecutor’s presentation of your prior and current criminal records, and
- Statements from you or your attorney about your work history and ties to the community.
The judge then decides on a bond according to your flight risk and other relevant factors.
Common Bond Conditions in Nebraska
If the judge decides to release you on bond, they will likely impose certain conditions. While the conditions depend on the unique facts and circumstances of the case, the following are some common conditions:
- You must attend all court hearings;
- If there is a victim, you must stay away from that individual;
- In some cases, you might be required to wear a tracking device; and
- You might be required to stop drinking alcohol and be subject to random drug and alcohol screenings.
It is important that you meet the condition of your bond to avoid being taken into custody.
Can You Go Out of State on Bond?
In most cases, if you are on bond in Nebraska, you cannot leave the state without the court’s permission. This isn’t to say that a judge will refuse your request; it just depends on the situation.
In many cases, an experienced Nebraska criminal defense attorney can help convince the court that allowing you to travel out of state does not pose any risk that you will not return. However, a judge can require that you surrender your passport.
Will a Court Modify Bond Conditions?
In some instances, an experienced defense attorney can work with prosecutors to modify your bond conditions.
However, modifications are challenging to secure and require a comprehensive understanding of relevant procedural laws and strong negotiation and litigation skills. This is especially true when the prosecution opposes the modification request.
What Happens If You Are Rearrested?
The judge can revoke your bond if police rearrest you while you are out on bond. If a judge revokes your bond, then there is no amount of money you can pay to secure your release.
Instead, you must either remain in custody until your case resolves or convince the court to re-impose the bond. Of course, a rearrest does not require a judge to revoke your bond. So your judge may decide to impose additional conditions of release or do nothing at all.
Are You Out on Bond Pending a Nebraska Criminal Case?
If you are currently out on bond waiting for your court date and have questions about bond modification hearings, or if you were recently rearrested and are concerned about what it means for your existing case—reach out to Petersen Criminal Defense Law.
We have decades of experience helping our clients get out and stay out of jail. We are intimately familiar with Nebraska’s bond laws and what you need to do to stay on the right side of the law while your case is pending.
To schedule a free consultation today, give Petersen Criminal Defense Law a call at 402-512-5558. You can also reach us through our secure online contact form.