DISCLAIMER
This template is provided for general informational purposes only and does not constitute legal advice. Use of this template does not create an attorney–client relationship. Practitioners must review and tailor all provisions to the specific facts, procedural posture, and controlling law of the case, and must verify all citations and rule references before filing.

MOTION FOR BAIL REDUCTION

(Nebraska State Criminal Court Template)

[// GUIDANCE:
1. This template is structured to comply with Nebraska criminal‐procedure rules while following the user-requested architecture.
2. Bracketed text—e.g., [PLACEHOLDER]—requires user customization.
3. Delete any sections that are not applicable to the facts of your case.
]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Motion & Requested Relief)
4. Representations & Warranties (Supporting Affidavit)
5. Covenants & Restrictions (Proposed Bond Conditions)
6. Default & Remedies (Enforcement for Non-Compliance)
7. Risk Allocation (Liability Limits for Surety)
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Certificate of Service

1. DOCUMENT HEADER

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA
Case No. [CASE NO.]

STATE OF NEBRASKA,
  Plaintiff,

v.

[DEFENDANT FULL NAME],
  Defendant.

MOTION FOR BAIL REDUCTION AND MODIFICATION OF BOND CONDITIONS

2. DEFINITIONS

For purposes of this Motion, the following capitalized terms shall have the meanings set forth below:

1. “Defendant” means [DEFENDANT FULL NAME], the moving party herein.
2. “Current Bail Order” means the court’s order dated [DATE] setting bail at [CURRENT BAIL AMOUNT].
3. “Court” means the District Court of [COUNTY] County, Nebraska, before which this criminal matter is pending.
4. “State” means the State of Nebraska, acting through the [County Attorney/Attorney General].
5. “Surety” means any person or entity offering financial assurance on Defendant’s behalf.
6. “Proposed Bail” means the reduced bail amount of [PROPOSED BAIL AMOUNT] or release on personal recognizance (“PR Bond”), subject to the conditions requested herein.

[// GUIDANCE: Keep definitions concise—only those terms essential for cross-reference.]

3. OPERATIVE PROVISIONS

3.1 Motion

Pursuant to Neb. Const. art. I, § 9 and Neb. Rev. Stat. §§ 29-901 et seq., Defendant respectfully moves this Court to:

a. Reduce bail from [CURRENT BAIL AMOUNT] to [PROPOSED BAIL AMOUNT] or, in the alternative, grant a PR Bond; and
b. Modify the Current Bail Order to incorporate the bond conditions set forth in Section 5 below.

3.2 Procedural Posture

1. Defendant was arrested on [ARREST DATE] for alleged violation(s) of [LIST CHARGES & STATUTES].
2. At Defendant’s first-appearance hearing on [DATE], bail was set at [CURRENT BAIL AMOUNT].
3. Defendant has remained in custody at [FACILITY NAME] since [CUSTODY START DATE].
4. Trial is presently scheduled for [TRIAL DATE].

3.3 Legal Standard

Nebraska law directs the Court to impose the least-restrictive conditions necessary to assure (i) Defendant’s appearance and (ii) community safety. Relevant factors include:
• Nature and circumstances of the offense;
• Weight of the evidence;
• Defendant’s family ties, employment, financial resources, length of residence, and mental/physical condition;
• Record of appearance/non-appearance;
• Danger to the community; and
• Any other required statutory considerations.

[// GUIDANCE: Cite specific statutory subsections only after independent verification.]

3.4 Argument

1. Nature of Offense & Weight of Evidence – The charged offense is [NON-VIOLENT / LOW-LEVEL], and discovery produced to date demonstrates [BRIEF SUMMARY OF WEAK EVIDENCE].
2. Community Ties – Defendant has resided in [CITY] for [NUMBER] years, is employed at [EMPLOYER], and supports [DEPENDENTS].
3. Flight Risk – Defendant voluntarily surrendered, possesses no passport, and has a minimal prior record.
4. Danger to Community – No allegations of violence; Defendant has complied with all prior court orders.
5. Excessive Bail – Current Bail Order exceeds Defendant’s financial means and is therefore “excessive” under the Eighth Amendment.

Based on the foregoing, continued detention is not necessary; a reduced bail with appropriate conditions will satisfy statutory objectives.

3.5 Requested Relief

Defendant requests that the Court:
a. Set bail at [PROPOSED BAIL AMOUNT] or grant a PR Bond; and
b. Adopt the bond conditions in Section 5.2.

4. REPRESENTATIONS & WARRANTIES (SUPPORTING AFFIDAVIT)

Defendant’s counsel attaches the Affidavit of [AFFIANT NAME], incorporated herein as Exhibit A, in which Defendant represents under oath that:

1. All facts recited in Section 3.4 are true and correct to the best of Defendant’s knowledge;
2. Defendant will comply with every condition imposed by the Court; and
3. Defendant understands that any violation of bond conditions may result in immediate revocation and re-incarceration.

[// GUIDANCE: Attach notarized affidavit; adjust numbering if more exhibits are added.]

5. COVENANTS & RESTRICTIONS (PROPOSED BOND CONDITIONS)

5.1 Affirmative Covenants

Defendant shall:
a. Appear at every court-ordered proceeding;
b. Maintain current residence at [ADDRESS] and notify the Court of any change within 24 hours;
c. Report to Pretrial Services as directed;
d. Sign all requisite waiver-of-extradition forms.

5.2 Negative Covenants

Defendant shall not:
a. Commit any federal, state, or local offense;
b. Possess firearms or other dangerous weapons;
c. Use or possess controlled substances without a valid prescription;
d. Contact alleged victim(s) [IF APPLICABLE].

[// GUIDANCE: Tailor conditions to specific risk factors; avoid over-breadth to reduce due-process challenges.]

6. DEFAULT & REMEDIES

1. Events of Default – Any violation of Section 5 constitutes a default.
2. Cure – The Court may, in its discretion, permit a hearing within [X] days to determine whether revocation is warranted.
3. Graduated Remedies – Upon default the Court may:
   a. Modify conditions;
   b. Increase bail;
   c. Revoke bond and remand Defendant to custody;
   d. Forfeit any posted bond pursuant to Neb. Rev. Stat. § 29-909.

7. RISK ALLOCATION

7.1 Liability of Surety

The Surety’s liability shall be capped at the amount of the posted bond, plus statutory costs, unless otherwise ordered.

7.2 Force Majeure

The parties acknowledge that circumstances beyond Defendant’s control (e.g., medical emergency, natural disaster) may justify temporary non-compliance, subject to prompt notice to the Court.

[// GUIDANCE: Ensure any limitation on surety liability conforms with Neb. Rev. Stat. § 29-902.]

8. DISPUTE RESOLUTION

1. Governing Law – This matter is governed by the criminal laws and procedural rules of the State of Nebraska.
2. Forum Selection – Exclusive venue lies with this Court.
3. Arbitration / Jury Waiver – Not applicable in criminal pretrial matters.
4. Injunctive Relief – The Court retains inherent authority to modify or revoke bond conditions at any time.

9. GENERAL PROVISIONS

1. Amendment & Waiver – Any amendment to bond conditions must be in writing and approved by the Court.
2. Severability – If any condition is found unenforceable, the remaining conditions remain in full force.
3. Integration – This order, if granted, supersedes prior bail orders.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of ____ 20__.

[ATTORNEY NAME], # [BAR NO.]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR DEFENDANT

11. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____ 20__, a true and correct copy of the foregoing Motion for Bail Reduction was served upon [OPPOSING COUNSEL NAME & METHOD—e.g., e-filing, hand delivery].

[ATTORNEY NAME]

EXHIBIT A

Affidavit of [AFFIANT NAME]
[Attach notarized affidavit]

[// GUIDANCE:
• Verify and insert the correct Nebraska local-court rule citations for notice of hearing, filing deadlines, and service requirements.
• Schedule a hearing date with the Clerk (or request the Court set one) and file a separate Notice of Hearing if local practice requires.
• Consider adding a proposed order as a separate document titled “Order on Motion for Bail Reduction.”
]