Posting Bond or Bail in an Omaha Sex Assault Case


The best time to plan to post bond or bail in a sex assault case in Omaha is as soon as you learn about the allegation. While the allegation may not result in an arrest, it’s always easier to return money to the bank or an investment account than it is to get the money once you’ve been arrested. Here is what you need to know about posting bond for a sex assault case in Omaha, Nebraska:

  1. It’s going to be expensive. The purpose of bond is to ensure you return to court. The judge will look at your criminal history as well as your ties to the community along with the allegations. For example, a person with a criminal history who lives outside of Nebraska will likely have a higher bond than the person who lives in Omaha and has no criminal record. The best way to get a low bond is to hire an attorney before the potential arrest and develop a strategic argument to get the lowest possible bond. If you are arrested before you have the opportunity to meet with an attorney, family and friends may be able to raise the bond money to get you out of jail. While a person charged with assault may only have to post a bond of $500, it is not uncommon for a person charged with first-degree sex assault to have to post $25,000 to a million dollars.
  2. Sex Assault cases do not require the judge set a bond. It is not uncommon for judges in Omaha to set no bond in violent sex assault cases, especially child sex assault cases.
  3. You can ask the judge to lower the bond. At your initial hearing the judge will set the bond amount. If you cannot afford the bond, you or your attorney can set a hearing requesting a Bond Review. At the Bond Review, you can present evidence as to why the bond should be lower.
  4. The State keeps 10%. The state will keep 10% of any bond you post. For example, if you post $50,000.00, the state will keep $5,000 and return $45,000 at the end of the case.
  5. If you violate conditions of bond, you could lose both the bond money and your freedom. When the judge sets bond in Omaha he will set specific conditions. In child sex assault cases the judge will often prohibit the accused from having contact with anyone under the age of 19. In other Omaha sex assault cases, the court will order no contact with the alleged victim. Additional conditions of bond or “pre-trial release” may include not leaving the city of Omaha, maintaining employment, and not committing other crimes. If you violate the conditions of bond or pretrial release not only can the court take the bond money you posted, but the court can also require you to stay in jail while your case is pending.

Posting bond is important in sex assault cases because the accused can often participate in their own defense much more easily outside of jail. In sex assault cases, it is not unusual for the accused to want to review all evidence against him and possibly testify. It is a lot easier for the accused and his attorney to prepare in the attorney’s office than in an Omaha jail visitation room.

If you have questions about posting bond in a sex assault case in Omaha, contact the attorneys at Berry Law.

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