When you’ve been arrested and held in custody for a Nebraska crime, you need to usually seem for an preliminary listening to in county court.
At this court listening to, a decide makes particular key findings about whether or not and underneath what circumstances the accused is eligible for launch earlier than trial.
Most Nebraska jurisdictions function underneath a share bond system, the place the decide decides the quantity the particular person should pay to be launched from custody.
Whereas there are various basic points with the money bond system in the US, posting bond as a situation of launch continues to be the usual in most Nebraska prison courts.
Though the Sixth Modification ensures defense counsel in any respect important levels of a prison case, the U.S. Supreme Court has not acknowledged the bail or bond listening to as important.
Due to this fact, it is important that you simply seek the advice of with an lawyer to know the implications of being out on bond in Nebraska. When you want to be taught extra in regards to the guidelines when out on bond, contact Petersen Criminal Defense Regulation at 402-512-5558.
Bond Setting in Nebraska
When regulation enforcement arrests you and costs you with a crime in Nebraska, a decide will usually require you to put up cash to be launched from custody till the decision of your case.
Nevertheless, the decide has the discretion to set a share bond the place you normally should pay 10% of the required quantity. As an example, if a decide units a share bond at $10,000, you need to put up 10% or $1,000 to be launched.
A decide can even allow a “private bond,” the place regulation enforcement can launch you from jail on a “promise to pay.” You assure this promise together with your signature.
Not like different states, Nebraska doesn’t use bail bond brokers a lot as a result of the Court refunds 90% of the cash on the finish of the case.
Out On Bond Which means
Courts contemplate bonds a contract between the accused and the Pretrial Launch Workplace. Thus, if you’re out on bond, you need to abide by any guidelines the decide imposes as a situation of launch.
Related Elements in Figuring out Bond
The aim of bond in Nebraska is to make sure that you come to court and should not a danger to the general public. As such, Nebraska judges generally impose circumstances that accompany your launch on bond. The necessities of your bond rely on a number of components. Some components that go into setting bond circumstances embrace the next:
- The prosecutor’s presentation of your prior and present prison information, and
- Statements from you or your lawyer about your work historical past and ties to the group.
The decide then decides on a bond in keeping with your flight danger and different related components.
Widespread Bond Situations in Nebraska
If the decide decides to launch you on bond, they may probably impose sure circumstances. Whereas the circumstances rely on the distinctive information and circumstances of the case, the next are some frequent circumstances:
- You should attend all court hearings;
- If there’s a sufferer, you need to steer clear of that particular person;
- In some instances, you may be required to put on a monitoring gadget; and
- You may be required to cease ingesting alcohol and be topic to random drug and alcohol screenings.
It’s important that you simply meet the situation of your bond to keep away from being taken into custody.
Can You Go Out of State on Bond?
Most often, if you’re on bond in Nebraska, you can not depart the state with out the court’s permission. This isn’t to say {that a} decide will refuse your request; it simply is dependent upon the scenario.
In lots of instances, an skilled Nebraska prison protection lawyer might help persuade the court that permitting you to journey out of state doesn’t pose any danger that you’ll not return. Nevertheless, a decide can require that you simply give up your passport.
Will a Court Modify Bond Situations?
In some situations, an skilled protection lawyer can work with prosecutors to change your bond circumstances.
Nevertheless, modifications are difficult to safe and require a complete understanding of related procedural legal guidelines and robust negotiation and litigation abilities. That is very true when the prosecution opposes the modification request.
What Occurs If You Are Rearrested?
The decide can revoke your bond if police rearrest you while you’re out on bond. If a decide revokes your bond, then there isn’t any sum of money you possibly can pay to safe your launch.
As a substitute, you need to both stay in custody till your case resolves or persuade the court to re-impose the bond. In fact, a rearrest doesn’t require a decide to revoke your bond. So your decide could resolve to impose extra circumstances of launch or do nothing in any respect.
Are You Out on Bond Pending a Nebraska Criminal Case?
In case you are at the moment out on bond ready on your court date and have questions on bond modification hearings, or should you have been lately rearrested and are involved about what it means on your current case—attain out to Petersen Criminal Defense Regulation.
We have now many years of expertise serving to our clients get out and keep out of jail. We’re intimately aware of Nebraska’s bond legal guidelines and what you might want to do to remain on the correct facet of the regulation whereas your case is pending.
To schedule a free session at present, give Petersen Criminal Defense Regulation a name at 402-512-5558. You may as well attain us by means of our safe on-line contact type.
Legal professional Petersen was invited to affix the Nationwide Advocacy for Drink driving Defense (NAFDD) group in 2013. NAFDD vets hundreds of lawyers and solely chooses those that have achieved stellar leads to Drink driving protection instances. Legal professional Petersen was named one of many Prime 50 protection lawyers in Nebraska out of greater than 5,000.
