Experienced Nebraska Lawyers Explaining The Arrest Process
The moments following an arrest can be overwhelming and confusing, but you do not have to face them alone. In Nebraska, the legal process begins immediately after you are cited and released or taken into custody, involving booking and a determination of whether you can be released on bail. It is critical to understand that even at this early stage, every decision you make and every word you speak can significantly impact the final outcome of your case. Whether you are dealing with local law enforcement or higher authorities, the procedure remains rigorous and demands professional oversight.
If you or a loved one has recently been arrested or is currently being detained in the Omaha area, reach out to Hug and Jacobs LLC. With over forty years of combined legal experience, our dedicated defense team will work closely with you to navigate the complexities of the system and strive for the most favorable resolution possible.
Navigating The Legal System After A Nebraska State Arrest
Citation:
If you were cited for an offense, you were likely not arrested but instead given notice to appear in court on a specific date and time, generally four to six weeks after the citation.
If that is the case, you do not have to go through the booking process, and you would not have to post a bond to be released.
It is imperative that you do not miss that hearing date on the citation. The first hearing is when the judge will advise you of your constitutional rights and the potential penalties you are facing.
If you retain an attorney prior to that hearing, the attorney may be able to file a written plea of not guilty and you may not have to appear at that hearing. Instead, the first appearance you would have to be present for would be a pretrial hearing set by the court for a later date.
Arrest:
If you or someone you know has been arrested, you would have to post a bond to be released. If the charge does not involve a domestic partner or is not a felony, there is typically a set bond amount that the jail or judge will put in place. If it is a felony or a misdemeanor involving a domestic partner, the person charged with the crime would have to have their bond set by a judge or clerk-magistrate. In smaller counties, the judge or clerk magistrate will review the affidavit provided by the arresting officer to determine an amount.
If the case is in Douglas, Sarpy, or Lancaster counties, the person facing the charge will be brought before a judge, a bond will be set, and the judge will set the matter for further hearing. The next hearing can be a pretrial hearing if the matter is a misdemeanor or a preliminary hearing if it is a felony.
After the bond amount is set by the judge and that bond is posted, the individual charged with the crime is released. Sometimes, the individual will have to comply with pretrial services or the 24/7 testing program by calling in on a daily basis to check in.
Understanding The Stages Of A Criminal Proceeding
Navigating the Nebraska judicial system requires a clear understanding of the steps that follow an arrest. Each phase is designed to determine the facts and ensure due process, but they can be daunting without guidance:
Initial Appearance: This usually occurs within 48 hours of arrest. The judge informs you of your rights and the charges filed against you, and may set a bond amount to secure your release.
Preliminary Hearing: For felony cases, this stage allows the court to determine if there is enough evidence to proceed. It is a vital opportunity for your defense team to evaluate the prosecution's case.
Arraignment: During this hearing, you will formally enter a plea of guilty, not guilty, or no contest. Our firm helps you make this choice strategically to protect your future interests.
Discovery and Motions: Your defense team will gather evidence and may file motions to suppress items that were obtained unlawfully. This phase is critical for building a strong defense strategy.
Trial or Resolution: If a settlement cannot be reached through negotiation, your case may proceed to trial. We provide steadfast representation throughout this high-stakes environment to seek justice.
Regardless of the charges, the impact of a conviction can be life-altering, affecting your freedom, reputation, and rights.
Securing Legal Guidance For Your Initial Court Dates
Your defense begins the moment you interact with law enforcement. The most effective way to protect yourself is by staying calm and invoking your Fifth Amendment right to remain silent, along with your Sixth Amendment right to an attorney. You are not required to provide statements that could be used against you. Contact us immediately so we can provide counsel.