How Long Can You Be Held Without Bond in Nebraska- Understanding the Legal Limits

How long can you be held without bond in Nebraska?

In the state of Nebraska, the duration for which an individual can be held without bond varies depending on several factors, including the severity of the charges, the defendant’s criminal history, and the likelihood of the defendant appearing in court. Understanding the legal framework surrounding pretrial detention is crucial for anyone facing charges or supporting someone who has been arrested. This article delves into the details of how long one can be held without bond in Nebraska and the legal principles that govern this process.

The Nebraska Revised Statutes outline the conditions under which a defendant can be held without bond. Generally, a person can be detained without bond if they are charged with a serious offense, such as a felony, and if the court determines that there is a substantial risk that the defendant will not appear for trial or will pose a danger to the community. In such cases, the court may issue a “no bond” order, which means the defendant must remain in custody until their trial or until another bond hearing is held.

Initial Detention Period

Following an arrest, an individual may be held in custody for up to 24 hours without bond. During this period, the police must bring the defendant before a judge for a preliminary hearing. At this hearing, the judge will determine whether there is probable cause to believe that the defendant committed the offense, and whether the defendant should be released on bond or held without bond.

Length of Pretrial Detention

If the judge finds probable cause and deems it necessary, the defendant may be held without bond until trial. The length of pretrial detention can vary widely, with some individuals being held for a few weeks and others for several months or even longer. Factors that influence the duration of pretrial detention include:

– The severity of the charges: More serious offenses often result in longer detention periods.
– The defendant’s criminal history: Repeat offenders or those with a history of failing to appear in court may be held longer.
– The risk of flight: If the court believes the defendant is likely to flee, they may be held without bond for an extended period.
– The risk of harm to the community: If the court believes the defendant poses a danger to others, they may be held without bond until trial.

Right to a Bond Hearing

Under Nebraska law, every defendant has the right to a bond hearing. This hearing can be requested by the defendant, their attorney, or the court. During the bond hearing, the judge will consider the same factors as in the preliminary hearing, as well as any additional evidence presented by the defense or prosecution. The judge may then decide to:

– Release the defendant on bond, which may involve conditions such as wearing an ankle monitor or checking in with a bail bondsman.
– Modify the terms of the bond, such as increasing the bond amount or adding more stringent conditions.
– Continue to hold the defendant without bond.

Conclusion

The duration for which an individual can be held without bond in Nebraska is a complex issue that depends on various factors. Understanding the legal principles governing pretrial detention can help individuals and their families navigate the criminal justice system more effectively. If you or someone you know is facing charges, it is crucial to consult with an experienced attorney who can advocate for the best possible outcome and work towards securing a bond or reducing pretrial detention.