Motion for Bail Reduction - Nebraska

IN THE [COUNTY / DISTRICT] COURT OF [COUNTY] COUNTY

STATE OF NEBRASKA

STATE OF NEBRASKA, Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

MOTION TO REVIEW AND REDUCE

CONDITIONS OF PRETRIAL RELEASE

Defendant [DEFENDANT NAME], through counsel, moves under Nebraska Constitution Article I, Section 9 and Neb. Rev. Stat. §§ 29-901, 29-901.01, and, when applicable, 29-901.03 for review and reduction of the current release conditions.

Review-route note: Section 29-901.03 gives a defendant who remains in custody more than 24 hours because of conditions imposed by a judge other than a district court judge a right to request review by the imposing judge and to be brought before a judge on the first regular court day. If a district court judge imposed the conditions, confirm the applicable local procedure for placing this motion on the district-court calendar.

I. PROCEDURAL BACKGROUND

1. Defendant was arrested on [DATE] and charged with [CHARGES AND STATUTES].
2. On [DATE], [JUDGE AND COURT] imposed [TYPE AND AMOUNT OF BOND / OTHER CONDITIONS].
3. Defendant has remained in custody since [DATE] because [DEFENDANT CANNOT FULFILL THE CONDITIONS].
4. Defendant requests [PERSONAL RECOGNIZANCE / TEN-PERCENT APPEARANCE BOND / REDUCED BAIL / SUPERVISION / OTHER CONDITIONS].

II. CURRENT GOVERNING LAW

Article I, Section 9 of the Nebraska Constitution provides a right to bail subject to its listed exceptions for treason, specified sexual offenses, and murder when the proof is evident or the presumption great, and it prohibits excessive bail.

Neb. Rev. Stat. § 29-901(1) requires release of a bailable defendant on personal recognizance unless the judge determines that recognizance will not reasonably assure appearance or could jeopardize evidence or the safety of victims, witnesses, or other persons. Section 29-901(2) supplies an additional no-money-bond rule, subject to its stated exceptions, for specified low-level misdemeanors and ordinance violations.

If recognizance is not ordered, § 29-901(3) requires the court to consider all methods of bond and release conditions to avoid pretrial incarceration, consider Defendant's financial ability to pay, and impose the least onerous condition that will reasonably assure appearance or eliminate or minimize harm. The statute authorizes third-party custody; travel, association, or residence restrictions; and, at the bailable defendant's option, either a deposit of no more than ten percent of an appearance bond or a surety bail bond with the option of cash in lieu. Section 29-901(3)(c)(i) expressly addresses the refund due if an appearance bond is later reduced.

Neb. Rev. Stat. § 29-901.01 requires consideration of Defendant's financial ability in setting bond and permits consideration of:

• The nature and circumstances of the charge, including possible further criminal activity or threats to Defendant, evidence, victims, witnesses, or the public;
• Family ties and employment;
• Length of residence in the community;
• Criminal-conviction history; and
• Appearance, flight, and failure-to-appear history.

Under § 29-901(6), the court may order approved supervision and specified monitoring or treatment conditions. Fees and costs must be waived when Defendant cannot pay, and eligibility for a pretrial-release program may not depend on ability to pay.

When § 29-901.03 applies, an indigent defendant unable to retain counsel must receive appointed counsel for the review. Unless the conditions are amended and Defendant is released, the judge must state in writing the reasons for the conditions.

III. ARGUMENT

A. Personal recognizance or less onerous conditions will reasonably assure appearance.

Defendant's relevant circumstances are:

• Residence: [ADDRESS AND LENGTH OF RESIDENCE];
• Family and community ties: [DETAILS];
• Employment: [DETAILS];
• Financial ability: [INCOME, ASSETS, EXPENSES, AND AVAILABLE HELP];
• Appearance history: [DETAILS, INCLUDING ANY FAILURES TO APPEAR AND EXPLANATIONS]; and
• Proposed supervision: [PERSON / PROGRAM / REPORTING PLAN].

Those facts support [PERSONAL RECOGNIZANCE / REQUESTED CONDITIONS].

B. The proposed conditions address evidence and safety concerns.

The relevant allegations and history are [FACTS]. Defendant proposes [THIRD-PARTY CUSTODY / NO CONTACT / TRAVEL OR RESIDENCE RESTRICTION / TREATMENT / TESTING / ELECTRONIC MONITORING / OTHER CONDITION]. Explain how those conditions address the specific concern: [ANALYSIS].

C. The current condition is more onerous than necessary and exceeds Defendant's ability.

The present requirement is [CONDITION OR AMOUNT]. Defendant cannot meet it because [VERIFIED FACTS] but can meet [REQUESTED ALTERNATIVE]. The requested alternative better reflects the sequence, financial inquiry, and incarceration-avoidance direction in § 29-901.

IV. REQUEST FOR RELIEF

Defendant respectfully requests that the Court:

1. Review the current conditions under § 29-901.03, if applicable;
2. Release Defendant on [PERSONAL RECOGNIZANCE / TEN-PERCENT APPEARANCE BOND OF $___ / REDUCED BAIL / OTHER TERMS];
3. Impose [PROPOSED CONDITIONS]; and
4. If relief is denied, enter the written reasons required by § 29-901.03 when that section applies.

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (Nebraska Bar No. [NUMBER])
[FIRM / OFFICE]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE], a true copy of this Motion was served on [COUNTY ATTORNEY / OTHER REQUIRED RECIPIENT] by [METHOD AUTHORIZED BY APPLICABLE RULE OR COURT ORDER].

____________________________________
[ATTORNEY NAME]

PROPOSED ORDER

The Court has considered Defendant's Motion and the factors and conditions in Neb. Rev. Stat. §§ 29-901 and 29-901.01.

IT IS ORDERED that the Motion is [GRANTED / DENIED].

If granted, Defendant shall be released on [TERMS].

If § 29-901.03 applies and relief is denied, the reasons for continuing the conditions are [WRITTEN REASONS].

Date: _______________ _______________________________
[JUDGE]

OFFICIAL SOURCES

• Neb. Const. art. I, § 9: https://nebraskalegislature.gov/laws/articles.php?article=I-9
• Neb. Rev. Stat. § 29-901: https://nebraskalegislature.gov/laws/statutes.php?statute=29-901
• Neb. Rev. Stat. § 29-901.01: https://nebraskalegislature.gov/laws/statutes.php?statute=29-901.01
• Neb. Rev. Stat. § 29-901.03: https://nebraskalegislature.gov/laws/statutes.php?statute=29-901.03