Probation Violations in Nebraska

When a motion or information to revoke probation is filed, the probationer is entitled to prompt consideration by the sentencing court, and the court 'shall not revoke probation or increase the probation requirements imposed on the probationer, except after a hearing upon proper notice where the violation of probation is established by clear and convincing evidence.' The probationer may receive written notice of the grounds, hear and challenge the evidence, offer evidence and have a lawyer (§ 29-2267(1)-(2)). For a felony probationer, revocation for a substance-abuse or noncriminal violation may be started only after the person has served ninety days of cumulative custodial sanctions in the current term (§ 29-2267(3)). If a violation is found, the court may revoke and impose any sentence that could originally have been imposed, or instead give a reprimand and warning, intensify supervision, add conditions, impose a custodial sanction on a felony probationer, or extend the term; a violation of post-release supervision may lead to imprisonment up to the original supervision period (§ 29-2268).

Nebraska's rule on court-appointed lawyers: 'Indigent means the inability to retain legal counsel without prejudicing one's financial ability to provide economic necessities for one's self or one's family' (§ 29-3901(4)). Before a felony defendant's initial court appearance the public defender makes the indigency determination; after that, the court does. At the first appearance the judge advises the defendant of the right to court-appointed counsel if indigent; if the defendant asserts indigency, the court makes a reasonable inquiry into the defendant's financial condition and requires an affidavit of indigency, and if indigency is found it appoints the public defender or county conflict counsel (§ 29-3903). Neb. Rev. Stat. §§ 29-3901, 29-3903

Lawyers set their own fees, and Nebraska has rules on how they may charge. See hiring a criminal defense lawyer in Nebraska for fee rules, how to check a lawyer's license and free help.

How release before trial works in Nebraska: 'Any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance' unless the judge determines that release would not reasonably assure appearance or would jeopardize safety or the evidence (§ 29-901(1)). Defendants charged with certain Class IIIA, IV or V misdemeanors or ordinance violations must generally be released on recognizance or non-bond conditions, with listed exceptions (§ 29-901(2)). If recognizance is denied, the judge must consider the defendant's ability to pay and impose 'the least onerous' conditions that will reasonably assure appearance — supervised custody, travel or residence restrictions, or a bond; an appearance bond may be posted by a cash deposit with the clerk of a sum not to exceed ten percent of the bond amount (90% is returned after the case; minimum deposit $25) (§ 29-901(3)). Eligibility for release or supervision 'shall under no circumstances be conditioned upon the defendant's ability to pay,' and supervision fees must be waived for those unable to pay (§ 29-901(6)). Neb. Rev. Stat. § 29-901 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Nebraska expungement and record sealing rules.