How Bond Works in Nebraska
Bond refers to a financial arrangement set by a judge that allows a defendant to be released from jail while their case is pending. The purpose of bond is to ensure that the accused will return to court for their scheduled appearances without remaining in custody throughout their pre-trial period.
The various procedures, conditions, and types of bond can be confusing and often require a nuanced understanding of Nebraska's specific laws. That's where the guidance and knowledge of an experienced criminal defense attorney come into play.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., located in Lincoln, Nebraska, our dedicated team offers legal representation to proficiently advocate for a fair bond amount, offer guidance on fulfilling bond conditions, and help you understand how bond works.
The Basics of Bond
The primary purpose of a bond is to allow the defendant to return to their daily life while waiting to attend all the required legal proceedings associated with their criminal charges.
When a defendant posts bond, they provide a monetary guarantee that acts as collateral for their commitment to comply with court procedures and to appear in court as required. Nebraska recognizes several types of bonds, including:
Cash bond: A cash bond requires payment of the full amount of bond set by the Court.
Percentage bond: A percentage bond allows the defendant to be released by paying some percentage of the bond amount in cash. Percentage bonds often require payment of 10% of the total bond amount.
Personal recognizance bond: A personal recognizance bond allows the defendant to be released with a promise to pay and to appear in court without paying any money upfront.
Unlike other states, it's important to note that Nebraska does not follow a commercial bail system. This means that defendants can't hire a bail bondsman to pay the full amount of the bond to secure the defendant's release.
Understanding the types of bonds that are accepted in Nebraska is crucial, as they each offer various benefits and requirements based on the defendant’s circumstances. However, the conditions and amounts for bond can vary significantly depending on certain factors, which we'll discuss below.
How Bond Is Set in Nebraska
In Nebraska, each county has a bond schedule that outlines the standard bond amounts for different crimes. However, the presiding judge will use a similar set of factors to determine the bond amount and a defendant's eligibility for bond on a case-by-case basis. While the specifics of setting bond can vary between counties in Nebraska, judges typically follow similar steps for setting bond. The process generally begins with the arrest of the defendant, where they are taken into custody, followed by scheduling a bond hearing.
The factors considered by in setting bond include:
The severity of the crime: The judge will examine the severity of the charges against the defendant. More serious offenses, such as violent crimes, usually warrant higher bond amounts to ensure public safety and the defendant's compliance.
Flight risk assessment: The judge will assess the likelihood of the defendant fleeing before trial if released. The factors influencing this assessment include the defendant’s ties to the community, employment status, family connections, and past compliance with court orders.
Criminal history review: The defendant’s prior criminal record is scrutinized. A history of past offenses or failure to appear in court may result in a higher bond or stricter conditions to mitigate the risk of repeat behavior.
Public safety: If the defendant poses a threat to the community the defendant may be considered ineligible for bond.
In addition to determining bond eligibility and the amount of the bond, the judge may also impose additional conditions for the defendant's release when setting bond. These can include travel restrictions, regularly checking in with a pretrial services officer, abstaining from alcohol or drugs, or other tailored requirements based on the circumstances of the defendant's crime.
Understanding how the bond-setting process works in Nebraska is essential for knowing what to expect in your criminal defense case. An experienced criminal defense attorney can help you unpack the types of bonds and how your actions pre- and post-bond can impact your defense and can help you make the best possible argument in favor of bond.
Frequently Asked Questions About the Bond Process
What happens if I can’t afford bond?
If you cannot afford your bond amount, you can request a hearing to argue for a lower bond or alternative release conditions. Alternatively, a friend or family member may be able to financially assist you.
Can the bond amount change after it has been set?
Yes, either the prosecution or defense can request a hearing to modify the bond amount if circumstances have changed since the initial bond hearing.
What happens if I violate my bond conditions?
It's crucial to adhere to all conditions set by the court to avoid any further legal complications. If you fail to comply with your bond conditions, a warrant may be issued for your arrest, and your bond could be revoked, resulting in jail time until trial.
How does bond affect my criminal case?
Posting bond allows you to be released from jail while awaiting trial, enabling you to work closely with your attorney on your defense. However, failure to comply with the agreed-upon bond conditions can negatively impact your case.
What is bond forfeiture?
Bond forfeiture occurs when the defendant fails to appear in court, resulting in the bond being forfeited to the court. This can lead to additional charges and financial penalties.
How can a lawyer help?
While you have the right to approach a judge on your own, having a seasoned attorney by your side is in your best interest. A criminal defense trial lawyer can assist by:
Arguing for a lower bond: Defense attorneys can present arguments and evidence to persuade the judge to set a lower bond amount or offer an alternative release condition.
Knowledge of applicable law: Attorneys understand the various laws involved in posting bonds and can guide defendants through the process efficiently.
Protecting the defendant’s rights: By advocating for a fair bond, criminal lawyers ensure that defendants’ rights are upheld throughout the judicial process.
In addition to advocating on your behalf, an experienced attorney can also provide you with the knowledge you need to make informed decisions about your criminal defense case and answer any questions you may have about the charges against you and the process of receiving bond.
Seek Experienced Legal Counsel
Bond is an essential part of the criminal defense process. Knowing what to expect with the bond process in Nebraska is crucial for anyone facing criminal charges. By understanding the types of bonds available, the bond process, and the factors influencing bond decisions, you can better prepare yourself for the legal proceedings ahead.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., our skilled criminal defense attorneys have extensive experience handling bond cases in Nebraska and can provide you with the support and representation you need.
If you or a loved one is facing criminal charges, contact our team to schedule a consultation. Located in Lincoln, Nebraska, we proudly serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
