When someone is arrested for and charged with a crime, a judge – at his or her discretion – may require the Defendant to post money to be released. In Nebraska, a judge will usually allow the Defendant to post 10% of the amount required in order to be released. For example:
- If a bond is set at $5,000, the Defendant would need to post 10% or $500 to be released; or
- If a bond is set at $20,000, the Defendant would need to post 10% or $2,000 to be released.
Conditions on a Bond
In Nebraska, it is common for judges to impose conditions on a bond. The conditions are intended to help ensure the Defendant’s appearance at future court hearings. The specific conditions associated with a bond depend upon the crime committed.
As an example, if a Defendant is charged with assault and the facts suggest drinking was involved, a judge may impose a condition of the bond which prohibits the Defendant from possessing or consuming any alcohol during the pendency of the criminal case.
If the judge learns that a person has violated the terms and conditions of his or her bond, the judge can:
- issue a warrant for the Defendant’s arrest,
- forfeit the original bond, and
- attach additional conditions to a future bond.
“No-Contact” Provisions
Defendants charged with domestic assault frequently have a “no contact” provision as part of bond. Essentially, the judge will require – as a condition of the bond – that the Defendant not have any contact with the alleged victim. As noted previously, if the judge obtains information that the Defendant and the alleged victim have had contact, the judge can revoke the person’s bond.
In many situations involving domestic assault charges, the Defendant and the alleged victim live together. A “no contact” provision of the Defendant’s bond poses many challenges for the Defendant, including but not limited to:
- forcing the Defendant to live in another location, often for several months until the case is fully resolved;
- the Defendant often cannot access his or her clothing, belongings, etc.;
- the Defendant’s ability to get to and from work or school is hindered; and
- the Defendant is not able to have contact with his or her children.
Modifying Conditions of a Bond
Fortunately, there are things an experienced criminal attorney can do to deal with “no contact” conditions when a Defendant is facing domestic assault charges.
An experienced attorney will move the Court to modify the terms and conditions of the bond to allow contact between the Defendant and the alleged victim. An attorney may contact the alleged victim and determine whether he or she is concerned for his or her safety. If the alleged victim wants the “no contact” condition removed, an experienced attorney may file a motion with the Court to request a hearing in which the attorney can present evidence to persuade the judge to remove or modify the “no contact” condition. At the hearing, it is imperative that the alleged victim be present and willing to address the court. Specifically, the alleged victim will need to expressly state that he or she has no safety concerns if the judge removes or modifies the “no contact” condition.
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How Berry Law Can Help
Remember, judges frequently impose conditions on a Defendant’s bond, but those conditions can be changed or modified by an experienced attorney. If you or a loved one has been charged with domestic assault and need assistance modifying conditions of your bond, contact one of the skilled attorneys at Berry Law today to schedule a confidential consultation.
