Being arrested and charged with a criminal offense is a frightening experience for anyone, even if you have been through the process before. If you have never been arrested before, however, the entire experience can be downright terrifying. For many people, simply not knowing what to expect or what happens next is the worst part. Hopefully, you will never need to know what happens after you are arrested in Nebraska; however, in the event you ever are arrested it will certainly come in handy to know the answer.
An arrest may occur in one of two ways. The first is after a lengthy investigation by law enforcement, typically for a major felony offense. In that case, the prosecuting attorney has already reviewed the results of the investigation and feels there is enough evidence to arrest ad charge you with a criminal offense. The second scenario occurs when the police are called out to the scene of an alleged crime or the police actually witness a crime in progress, such as in the case of the driving under the influence offense. In that case, the police will make an arrest without the benefit of discussing the case with the prosecuting attorney first. Under the first scenario, you will already have a bond amount set because the prosecutor has already decided what charges to file against you. In the second scenario, you will be taken to jail whereupon the arresting officer will turn in an arrest report to the prosecuting attorney. Only then will formal charges against you be considered. Despite what many people believe, a police officer does not decide what charges will be filed against you, only the prosecuting attorney’s office can do that. If the prosecutor does decide to pursue charges, official charges will be field against you at that time and a bond amount set in all but the most serious cases (murder and treason as a general rule.
You then have the opportunity to post bail. If you are able to post nail you will be released from custody for the duration of your case, assuming you do not violate the conditions of your release. If you cannot post bail because the amount is too high your defense attorney may request a bond review in an attempt to get the bond amount lowered. Your bond review may occur at your initial hearing (arraignment) or at a later hearing. If you are still unable to post bail you will remain in custody for the duration of your case. Your first court appearance will usually be for your initial hearing or arraignment. Other than potentially conducting a bond review, the only purpose of the arraignment is for the judge to read the charges against you, make sure you understand your rights, and enter a preliminary plea on your behalf.
Hopefully, knowing what happens during the first several hours or days after you are arrested will help you make it through the arrest process just a little bit easier.
If you have been charged with a criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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