Bond for Felony Sex Assault Crimes in Nebraska

Law enforcement and prosecutors take allegations of sex assault crimes extremely seriously. If the Government feels that probable cause exists to believe you committed a crime of sex assault, then a warrant for your arrest will likely be issued and you will be taken into custody by law enforcement. However, before you can be released from custody on a sex assault charge you will have to post a cash bond.

What does it mean to be charged with a sex assault crime?

There are several sex crime offenses under Nebraska Law with varying degrees of possible penalties. Below are the most charged sex assault crimes and associated penalties:

• First Degree Sex Assault (Class 2 felony, up to 50 years prison)
• Second Degree Sex Assault (Class 2a felony, up to 20 years prison)
• Third Degree Sex Assault (Class 1 misdemeanor, up to 1year jail)

Notably, penalties for the above sex assault crimes can be considerably more severe if the offenses involve minor victims. For instance, first degree sexual assault of a minor can be punishable by up to life in prison. Additionally, a conviction for any degree sex assault almost always involved sex offender registration following a term of incarceration. Sex offender registration comes with many challenges, limitations, and requirements and ran range from 15years to life.

What is a bail bond in Felony Sex Assault Case?

Following your arrest in a felony sex assault case, the next step is for you to appear, while in custody, for an initial hearing before the county court. This is called an initial appearance. The goal of the initial appearance is for the County Court to determine under what conditions you are eligible for release prior to trial. In addition to advising you of your sex assault charge, the County Court sets a bail bond (or “cash bond”) to ensure you will return to court and not be a future risk to the community.

In determining the amount of a bail bond in a felony sex assault case, the County Court will ask the prosecutor what the State is requesting and then consider factors such as your prior criminal history, history of failing to appear in court, severity of pending charges, ties to the community, work, flight risk, financial condition, and ability to post bond. The County Court judge will then set a cash percentage bond which allows the defendant to get out of custody if they pay 10 percent of the required amount. For example, if the bond in a sex assault case is set at $50,000/10% then you must pay $5,000 to the clerk of the court (in whichever county the individual is charged) or to the county jail in which they are being held.

There is no rule or law that predetermine what a bail bond must be in felony sex assault case. Depending on the facts and circumstances surrounding a sex assault crime, bond can range anywhere from $25,000/10% up to $500,000/10% plus. However, that is just an estimated range, and while it accounts for the vast majority of bond amounts in sex assault cases every case is different.

In some criminal cases, the Court may order that a defendant be released on their own personal re-cognizance (“PR bond”) rather than post a bail bond. That means the Court allows the defendant to be released on a “promise to pay” based upon their own signature. It’s very rare, if not impossible, for a judge to allow a PR bond in any type of sex assault case.

Who posts my bail bond if I’m in custody for a felony sex assault crime?

Obviously, if you are in custody, it can be very difficult to coordinate finances for the payment of your bond. The Court does not care who pays a cash bond on your behalf. Most individuals relay on family and friends to remit bond payment to the jail or clerk’s office. Additionally, retaining a sex assault attorney can help coordinate bond amounts and payment options with your family and friends. Finally, keep in mind that “bail bondsmen” are not used in Nebraska like they are in other states. Similarly, there are not bail companies in Nebraska for felony sex assault crimes that offer agreements that the bail bond company will pay you bail bond amount if you do not show back up for your next court date.

Will I get my bond money back?

Yes. 90% of all cash bonds in sex assault cases are returned to the defendant at the conclusion of the criminal case. “Conclusion” means the sex assault charge(s) have either been dismissed or you have been acquitted (following trial) or convicted (following a sentencing). For example, if your sex assault case is resolved with a plea deal and you are sentenced on the reduced sex assault charge, then immediately following sentencing, the court will order that your bond be released back to you by the clerk of the court. If you paid $10,000 because you were out on a $100,000/10% bond, then you will get a check back for $9,000.

However, there are important exceptions to this rule. The first is if you previously assigned your bond to someone else prior to the conclusion of your case. If that occurred, than the individual who got the bond assignment will be entitled to receive the bond assignment following conclusion of the sex assault case. The second scenario is if your bond was forfeited by the court because you failed to comply with the conditions of your release. That could mean you failed to appear in court, left the state and had to be extradited back to Nebraska, or violated specific conditions such as no contact orders or drug and alcohol use.

Do I need to hire a sex assault attorney to help with my bond if I’ve been accused of committing sex assault?

Yes. Retaining a Nebraska attorney experienced in handling sex assault cases has several advantages. First, an attorney might be able to find out what the prosecutor is requesting for bond prior to your initial appearance in court. That means you can potentially get a jump start on coordinating bond money to reduce the amount of time you are in custody.

Secondly, an experienced sex assault attorney can potentially help reduce your cash bond amount at the initial appearance for a sex assault charge. At the initial appearance, the prosecutor will argue what your bond should be. If you don’t have an attorney present on your behalf, then you will be limited on what arguments you can make the judge about your ability to pay the requested bond and why the court should consider a lesser amount.

Third, in sex crime cases, you are entitled to a bond review every 24hours. A bond review is typically requested when you want to argue why the bail bond amount should be lowered or that other certain bond conditions should be modified. A felony sex assault attorney can file the motions requesting the bond review and make arguments to the court on your behalf.

Bail Bond Process for Other Felony Crimes

The above information about posting bail bonds is not just limited to sex crimes like felony sexual assault, it also applies to other felony offenses such as child pornography, possession of a controlled substance, theft, etc.

Contact the Sex Assault Attorneys at Berry Law

The attorneys at Berry Law Firm have decades of experience representing individuals faced with the most serious sex assault charges. Berry Law can help you through both the bond and initial appearance processes of any sex assault case. Please contact us immediately if you believe, for any reason, you have been accused of sex assault.

Paul Lembrick

Husband, Father, Marine Corps Veteran, Attorney at Berry Law.

Paul Lembrick is a former Captain in the United States Marine Corps. He fights relentlessly for his clients – the same way he did for his country and the men and women under his charge.  The skills and tenacity Paul developed during his service allow him to maintain his focus and composure in the most difficult situations.

Paul’s military experience included leadership roles during combat deployments to Afghanistan in support of Operation Enduring Freedom.

Paul’s oath to defend the Constitution followed him from his military service and now he represents clients in a broad range of criminal defense, personal injury and litigation matters.  He keeps the core values he learned in the Marine Corps – Honor, Courage, and Commitment – at the forefront of everything he does.

Whether he’s spending time with his family or engaged in his hobbies of bow hunting and bass fishing, Paul approaches it all with deliberate determination. He never takes shortcuts and prides himself on being prepared for any situation.

Paul earned his B.A. in History from the University of Nebraska – Lincoln and his J.D. from the University of Nebraska College of Law.  He currently resides in Lincoln with his wife and two daughters.

Author Bio