Arrest/Citation Attorney in Omaha, Nebraska
Whether you are arrested or given a citation for a law violation depends on the nature of the case and where it occurs. For most misdemeanors, crimes that carry a possible sentence of one year or less, the law allows for police officers to issue citations or tickets in lieu of arrest. In these situations, you will be given a ticket with a court date requiring your appearance.
You should contact an attorney as quickly as possible for advice on the possible penalties for the crime for which you were cited, any defenses that you might have and/or any programs that might be available to you to avoid getting convicted of the offense. It may be possible, and in many cases preferred, that an attorney appears for you so you do not have to appear at the initial court appearance. Don’t ever assume that the crime for which you are charged is not that serious and you have nothing to worry about. Too many people have suffered consequences they never thought possible like walking out of the courtroom in handcuffs, losing the privilege to drive for extended periods of time, or being convicted of something that impacts their ability to keep or obtain a decent job or right to carry a firearm.
If you are not issued a citation and are instead jailed for your offense, your ability to get out of jail depends on the nature of the charge and the jurisdiction where you are incarcerated. If you are currently in jail, you are likely not viewing this website. Instead, you are more likely to be a friend or family member who is desperate to find out why your friend or family member was arrested and what it is going to take to get that person out of jail. An attorney can help.
For most misdemeanor offenses that result in an arrest rather than a citation, there will be a scheduled or pre-determined bond that one can post to secure a person’s release from jail. You or your attorney should call the jail where one is being held to see if a bond has been set. One who posts a bond will typically need cash to do so. It may also be possible in some situations to provide money to an attorney who can then post the bond to secure the person’s release. If the arrestee or anyone on his behalf is unable to post the bond, the arrestee will sit in jail until he appears before a judge, who will in turn set a new bond. This bond could be more, less, or the same. An attorney can appear at this hearing to argue for release with a low bond or in some cases no money bond at all. If a person is unable to post bond, he or she will remain in jail until the case is resolved-this could take many months.
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If one is arrested for a felony, he or she will likely sit in jail until he or she appears before a judge. This appearance might not occur until a few days after the arrest. In some situations, a bond may be set before the person appears in court. An attorney may also be able to expedite a court hearing to allow for a bond to be set sooner rather than later. If you have had a friend or family member arrested, contact an attorney to do some or all of the following: Find out what charges are causing the person to be incarcerated, determine what bond might exist so it can be posted to secure release from jail as soon as possible, find out when a person is going to jail to have a bond set, appear with this person in court to argue for the lowest bond possible, assist you in posting the bond and schedule a hearing to request the bond be lowered if one is unable to post bond.