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Home > How to Post Bail in Nebraska: 5 Things to Know

How to Post Bail in Nebraska: 5 Things to Know

Nebraska is one of just a handful of states that do not have private bail bond companies. State law places a tremendous preference on releasing a defendant on personal recognizance unless a judge decides the release would “not reasonably assure the appearance of the defendant” in court or could jeopardize the safety of evidence or victims, witnesses and others. When that is the case, the judge can still order an unsecured release by placing conditions on the defendant, such as putting the defendant in the custody of a specific person or organization. Another common condition is to place restrictions on the defendant’s travel and associations. Finally, if the conditions are not sufficient, the judge can order a release secured by bail.  If you are arrested in Nebraska, here are 5 things you need to know to post bail.

  1. 5 Ways to Get Out of Jail


Release on recognizance – As described above, Nebraska law requires that a judge first consider a release on recognizance. A bail amount is set but the defendant does not pay any money to be released, instead signing a document promising to show up for all court hearings. It is common for the court to put a defendant in the custody of a family member, who then is responsible for the defendant’s appearances in court.

Appearance bond – Once bail has been set, the defendant is required to pay 10 percent of that amount to the Clerk of Court. The money is kept as “appearance bond costs” and not returned to the defendant. The minimum payment under an appearance bond is $25.

Surety bond – This has a different meaning in the state because there are no bail bond companies. Instead, a surety bond is paid by a relative or loved one who must be approved by the court. In some cases, more than one surety can be used. A surety bond gives a family member or friend a strong motivation to ensure the defendant makes all scheduled court appearances. If the defendant fails to show up in court, a forfeit means the family member loses that money.

Cash bond – A defendant with sufficient cash, who is not granted a personal recognizance release, can pay the entire amount of bail in cash. There is no premium retained by the court, other than relatively minor court fees and costs. This option is generally only used with misdemeanors when the bail amount is relatively low.

Hybrid bond – It is possible for a defendant to combine sources in order to reach a bail amount that is deemed sufficient by the court. That could include cash from the defendant as well as cash or property put up by individual sureties acting on behalf of the defendant.

       2. How to Get Bail

Once a defendant has been booked into a jail or holding facility, it is usually possible determine the amount of bail from schedules available in all jails in the state. Preset bail amounts are available for most misdemeanors and some felonies. A defendant can pay that bail amount or request a release on recognizance. The bail process is delayed and a bail hearing is necessary if the crime involves domestic violence, sexual battery, is a third offense DUI or involves a serious felony.

  1. What Will Bail Cost


Since there is no commercial bail bond system in the state, it is easier to get bail that does not require the payment of a premium. That’s the case with cash bonds and surety bonds. However, when a defendant or co-signer posts 10 percent of the total bail amount as an appearance bond, that money is kept by the court.

  1. How Long Will I Stay in Jail


For most misdemeanors and some felonies, a defendant can post bail very quickly – in just a matter of hours – because no bail hearing is required. In that case, bail can be paid with the Clerk of Court, online or at kiosks located at most jails. When a bail hearing is necessary – because of the seriousness of the crime or when a warrant from the District Court or another state is involved – the process is delayed, usually no more than 24 hours. However, defendants arrested on the weekend often will have to wait until Monday for a bail hearing is one is necessary.

  1. What if I Miss a Court Appearance


A court will order a bail forfeiture when a defendant does not follow all conditions of release or when the defendant does not show up for a scheduled court hearing. In the case of an appearance bond, the defendant will be required to pay the entire amount of the bond. The court will issue a bench warrant for the arrest of the defendant for the crime of failing to appear in court. This crime is in addition to the original offense that brought the defendant to jail in the first place.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Nebraska: 5 Things to Know

Nebraska is one of just a handful of states that do not have private bail bond companies. State law places a tremendous preference on releasing a defendant on personal recognizance unless a judge d...more

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