Facing a criminal charge in Nebraska

Bond and pretrial release in Nebraska

Article I Section 9 of the Nebraska Constitution provides that all persons shall be bailable by sufficient sureties except for treason, murder, and certain other offenses when proof is evident or presumption great. Neb. Rev. Stat. Sec. 29-901 through 29-902 govern release. Sec. 29-901 directs the court to consider release on personal recognizance and to impose the least restrictive condition that will reasonably assure appearance, with secured or unsecured bond available. Sec. 29-901.01 lists factors including the nature and circumstances of the offense, weight of evidence, defendant ties, financial resources, and prior record. Nebraska statutes authorize a 10 percent cash deposit option under Sec. 29-901; bondsmen are not permitted to operate commercially in Nebraska, similar to Kentucky and a small number of other states.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Nebraska

Our directory is still building in Nebraska. Public-defender intake is available now.

Record clearing in Nebraska

Nebraska does not provide for general expungement of criminal convictions. Limited relief is available under Neb. Rev. Stat. 29-3523 (sealing of certain arrest records) and 29-2264 (motion to set aside after sentence completion). The statute provides sealing of arrest records when no charges are filed or when charges are dismissed, and the set-aside provision under 29-2264 allows the court to set aside a conviction after successful completion of sentence; sex offenses, motor vehicle homicide, felony driving under the influence, and offenses against minors are not eligible for set-aside. The motion is filed in the court that imposed the sentence.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Nebraska

Nebraska Commission on Public Advocacy serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.