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  1. #1
    Join Date
    Mar 2016
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    2,289

    Default Getting Bail Returned

    My question involves criminal law for the state of: Nebraska

    A friend of mine bailed someone out of jail and then he got arrested while on bail. When she asked the county attorney, he said that she could get bail returned minus 10% if she surrenders the defendant. So the question is - would she technically have to bail the person out of the second jail to take them to the first jail to get the first bail back? It is not like he is out and about. His first court date for the new charge is in a few weeks. The pre trial for the original charge is in June and trial in August. How does that work in this case? Does the second county send him to court at the original county?

    Is she pretty well screwed out of the bail? (She knew this was a risk but did not think he would screw her out of so much money and figured it was probably stupid. I told her that too). She is not going to bail him out a second time either. I believe lesson learned (hopefully).

  2. #2
    Join Date
    Sep 2005
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    Default Re: Getting Bail Returned

    Either this person is in custody of the same county, in which case "surrender" should not be an issue", or the person is in the custody of a different county, in which case it will likely be necessary for the defendant to file a habeas corpus petition to be brought back before the court (or for the person to wait until the charge in the other county is resolved, assuming the first county placed a hold on them).

    We are not going to be able to paint you a road map without a lot more information.

  3. #3
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Getting Bail Returned

    His first charge is in another county. That is the one she bailed him out on. The two new charges are in a separate county where he is currently incarcerated. She talked to the county attorney in the first county and he told her if she "surrendered" him she could get the bail less 10%. She explained to him that he is currently incarcerated and not willing to spend any more time and money on him. The county attorney said she could show up to his next court date in June for County #1 (which is pre-trial hearing) and ask the judge about bail or write the judge a letter. The county attorney said that the judge would have to order the sheriff to have him transferred from County #2 for the pre-trial appearance; it would not be automatic.

    So she is going to write a letter to the judge and see what happens with that bail. For some reason he told her that he thinks he will get out on "time served" at the first appearance in County #2 but I thought at the initial court appearances you put in your plea and if you cannot make bail, you stay in jail? Plus for his charges he is looking at up to a year in jail if convicted in the new charges and the County #1 charges are felonies.

    I guess that it would make sense the first county does not want to spend money it does not have to in transferring him but I foresee him being in custody for a long time with charges in two different counties.

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