Address:
715 12th St
Aurora, NE 68818-2306
Phone:
402-694-6936
Does Hamilton County have bail?
What kind of bonds are accepted in Hamilton County?
Who can set bail in Hamilton County?
When is bail set in Hamilton County Nebraska?
Yes, Hamilton County recognizes bail, however, does not permit bail bond companies to operate in the state. Bail is offered as either a personal recognizance or 10% cash bail. Nebraska does not permit property or surety bonds.
During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Judges in Nebraska rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Hamilton County judges can still exercise discretion in setting bail above or below the recommended range.
Nebraska does not allow private bond companies but rather the county courts and jailer process the paperwork needed for the bond. The defendant can either pay the full cash amount or ask the court for a cash percentage bond where the defendant pays 10% to the court, which is not returned and covers court costs. The full bail amount will become due if the defendant does not show to court and the court could issue a warrant for arrest with the Sheriff’s department.
There may be other conditions for release in addition to the bail amount. Conditions usually include drug testing, abstaining from drug and alcohol use, meeting with a Pretrial Release officer and having no contact with the victim.
Hamilton County recognizes either full cash payment or a cash percentage bond where the arrested pays 10% to the court.
For misdemeanor cases, bail is set according to an established schedule by the officers processing the booking. Felony cases require a judge to set bail.
For misdemeanor cases the bail is set according to a schedule and that information will be available during booking. Felony cases require a bail hearing in front of a judge. This hearing is normally scheduled for the next available court date. According to Nebraska state law, the hearing must be scheduled within 48 hrs. of arrest.
Bail is what the arrested in Hamilton County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Hamilton County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Hamilton County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Hamilton County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid. Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid. Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Hamilton County recognizes bail, however, does not permit bail bond companies to operate in the state. Bail is offered as either a personal recognizance or 10% cash bail. Nebraska does not permit property or surety bonds.
During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Judges in Nebraska rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Hamilton County judges can still exercise discretion in setting bail above or below the recommended range.
Nebraska does not allow private bond companies but rather the county courts and jailer process the paperwork needed for the bond. The defendant can either pay the full cash amount or ask the court for a cash percentage bond where the defendant pays 10% to the court, which is not returned and covers court costs. The full bail amount will become due if the defendant does not show to court and the court could issue a warrant for arrest with the Sheriff’s department.
There may be other conditions for release in addition to the bail amount. Conditions usually include drug testing, abstaining from drug and alcohol use, meeting with a Pretrial Release officer and having no contact with the victim.
Hamilton County recognizes either full cash payment or a cash percentage bond where the arrested pays 10% to the court.
For misdemeanor cases, bail is set according to an established schedule by the officers processing the booking. Felony cases require a judge to set bail.
For misdemeanor cases the bail is set according to a schedule and that information will be available during booking. Felony cases require a bail hearing in front of a judge. This hearing is normally scheduled for the next available court date. According to Nebraska state law, the hearing must be scheduled within 48 hrs. of arrest.
Yes, you or your attorney make file a motion with the court asking bail to be reduced.
The person posting bail could be the defendant, a relative or close friend,
Nebraska counties do not currently offer online bail payments. Contact the jail for specific information on how to pay bail. Go to the Hamilton County Jail for more information about the jails in Hamilton County.
Nebraska only allows one type of bail payment – cash. Some county jails do have the ability to accept credit or debits cards when making payment.
Go to the Hamilton County Jail for more information about posting bail in Hamilton County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court can send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down.
Since bond companies are not permitted in Nebraska, it is best to speak with a booking officer or pretrial release officer regarding how to best be able to pay the bail amount.
Since bail bond procedures can vary in Hamilton County and Nebraska, it is always best to contact Hamilton County Jail at 402-694-6936 or the court where the defendant was charged, such as the Municipal or District Court, immediately after an arrest. This will ensure you have the most up-to-date information.
When calling Hamilton County Jail or the Hamilton County Court Clerk, be sure to ask the following questions:
If the bail amount seems too high, you may want to contact a lawyer or public defender to explore the possibility of getting it reduced. Starting this process quickly will help speed up the defendant's release.
A criminal attorney or bail agent can help manage the process and make it more efficient.
Option 1 - How to Post Bail with Cash at Hamilton County Jail
A cash bond requires you to pay the full amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts can range from $100 to $75,000 or more depending on the offense.
To post the bond, visit Hamilton County Jail or the court where the bail hearing took place. Going to the jail directly will expedite the release, as paperwork from the court must be sent there.
Cashier’s checks and money orders should be made out to Hamilton County Jail, the Hamilton County Sheriff’s Office, or the Hamilton County Court.
You can purchase money orders at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Hamilton County Jail
If you cannot afford the full bail amount, a surety bond is another option. A bail agent will post the bond in exchange for a premium, typically 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will be between $500 and $750.
Bail agents often require collateral, such as property or valuables, to secure the bond in case the defendant does not appear in court.
When you sign an agreement with a bail agent, you are responsible for paying the full bail amount if the defendant fails to appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Hamilton County Jail
If you own property in Hamilton County, you may be able to post a property bond. All owners of the property must be present to sign the bond in order for it to be valid.
To find out if property outside Hamilton County can be used, contact a local bail agent or attorney.
For more information, click here for details on posting bail at Hamilton County Jail.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Nebraska state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
