If you violate a pretrial release, you may face imprisonment for up to six months, a fine as specified in [§ 22-3571.01], or both. A proceeding for contempt can be initiated by a judicial officer or a prosecutor.
Being arrested and charged with a crime can wreak havoc with an individual’s life, without regard to whether the individual is actually guilty of the offense for which he or she has been charged.
Spending just a single night behind bars can put a job at risk as well as disrupt an entire family’s routine.
Imagine then, what would happen if you were arrested and had to remain in custody until your case was resolved!
Fortunately, that is not the case for most people who are accused of a crime thanks to the option to post bond and/or secure release as part of a pre-trial release program.
If you are currently out of custody and awaiting trial, you need to know what could happen if you violate the terms of your pre-trial release in Nebraska.
When an individual is arrested a bond is set except when the individual is charged with the most serious crimes such as first degree murder or treason. The bond amount is the amount the individual (or family and friends) must pay in order to secure the defendant’s release from custody pending the outcome of the case. All defendants must abide by basic pre-trial release conditions such as:
· Keeping the court informed of their current address
· Appearing for all court appearances
· Not leaving the state
· Not committing additional crimes
In some cases, additional pre-trial conditions are imposed on a defendant. These additional conditions typically reflect either the defendant’s history or the current charge(s) and may include things such as:
· Reporting in by phone or in person in a regular basis
· Submitting to drug and/or alcohol testing
· Installing an ignition interlock device on a vehicle
· Not having any contact with an alleged victim
If you are currently out on any type of pre-trial release it is imperative that you understand the conditions of your release and that you abide by those conditions until your case is disposed of one way or another. If you violate any of the conditions of your release a notice of violation could be sent to the court which will likely result in a warrant being issued for your arrest. If the judge decides that you did, indeed, violate the terms of your release you will most likely be returned to custody where you will remain pending the outcome of your case.
In addition, violating the terms of your pre-trial release often tells a judge that you would not be a good candidate for a probationary sentence if you are convicted. Consequently, you are much more likely to receive a sentence that includes a term of imprisonment instead of probation.
If you have been notified that a violation of your pre-trial release has been filed, or you are concerned that one might be filed, consult with an experienced Nebraska criminal defense attorney immediately. Contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Frequently Asked Questions:
- What does it mean to violate the condition of a release?
- The term violation of conditional release means a failure to comply with the conditions of
conditional release supervision imposed by the local conditional release commission
- What happens if you violate pretrial release?
- A person who has been released on conditions and who has violated a condition of release, including willfully failing to appear in court, should be subject to a warrant for arrest, modification of release conditions, revocation of release, or an order of detention, or prosecution on available criminal charges.
- What happens if you violate ROR?
- Individuals who are released on recognizance bonds must appear for all future court dates and avoid any new criminal convictions. Violation of a ROR bond can lead to an alleged offender being arrested again and possibly denied bond.
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