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Arrested in Nebraska? Know Your Next Move Before Your First Court Date

Being booked into the Douglas, Lancaster or Sarpy County jail is terrifying, and the clock starts immediately — a judge can set your bail within 48 hours, often before you've spoken to anyone who can explain it. You don't have to figure this out alone or wait for business hours. Call our free Legal Hotline at 1-844-690-0555, any hour, and get clear answers about your charge, your bond, and what happens next — trained on Nebraska's criminal code and federal law, in plain English or Spanish.

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Free legal information. Not legal advice. Available 24/7 across Nebraska.

Criminal Defense in Nebraska — what to do right now

Right now, do three things. First, stop talking to police — say out loud, 'I am invoking my right to remain silent and I want a lawyer,' then stay quiet. Anything you say in the back of the cruiser or the booking room can be used against you. Second, do not consent to any search of your phone, car or home. Third, before your bail hearing, understand your charge and your options — call 1-844-690-0555 free, 24/7. We give you legal information so you can make smart decisions; we are not a law firm and the call creates no attorney-client relationship, but it can stop you from making the mistake that wrecks your case in the first hour.


The law in Nebraska: Criminal Defense

Nebraska splits criminal cases between two trial courts. Every misdemeanor and traffic charge — and the first stage of every felony — starts in County Court. Felonies then move up to District Court (Nebraska has 12 judicial districts) for arraignment and trial. After a felony arrest, you get a first appearance, and on a felony you have a right to a preliminary hearing in County Court where a judge decides whether there's probable cause to 'bind you over' to District Court. Knowing which court you're in tells you what's actually at stake — call 1-844-690-0555 and we'll explain your charge and your courthouse.

Nebraska's penalties live in the Criminal Code, Neb. Rev. Stat. Chapter 28. Felonies are graded by section 28-105 (Class I down through Class IV); misdemeanors by section 28-106 (Class I down to Class V, plus Class W for DUI). A Class I misdemeanor — the most serious non-felony — carries up to one year in county jail and a $1,000 fine. A Class IV felony, the lowest felony, carries up to two years of imprisonment plus post-release supervision and a $10,000 fine. The labels are not interchangeable, and a charge can sometimes be negotiated down a class. Before you assume the worst, call 1-844-690-0555 to learn the real range for your specific charge.

Nebraska is one of the few states that bans commercial bail bondsmen — there is no bondsman to call. Instead, on a percentage (appearance) bond you pay 10% of the bail amount directly to the court or jail, and 90% of that deposit comes back to you if you make your court dates. A judge can also grant a personal-recognizance bond — release on your written promise to appear, with no money down. What the judge sets at your first appearance shapes the whole case, so it pays to understand it before you walk in. This is legal information, not legal advice — call 1-844-690-0555 to talk it through.

Nebraska's 2015 reform law (LB605, effective for offenses on or after August 30, 2015) rebuilt how lower felonies are sentenced. Prison terms for Class III, IIIA and IV felonies now carry mandatory post-release supervision afterward, and the law created a presumption of probation for most Class IV felonies — meaning many lower-level offenders are supervised in the community rather than sent to the Department of Correctional Services. There are also paths to clean up your record later (see below). Call 1-844-690-0555 to learn which path fits your case.

Key Statutes

  • Neb. Rev. Stat. Ch. 28 — Nebraska Criminal Code (the offenses)
  • Neb. Rev. Stat. 28-105 — felony classes & penalties (Class I–IV)
  • Neb. Rev. Stat. 28-106 — misdemeanor classes & penalties (Class I–V, W)
  • Neb. Rev. Stat. 28-1409 — use of force in self-protection (self-defense)
  • Neb. Rev. Stat. 29-2221 — habitual criminal enhancement
  • Neb. Rev. Stat. 29-2264 / 29-3523 — set-aside & record sealing

Courts & Agencies

  • Nebraska County Courts — misdemeanors, traffic, felony first appearance & preliminary hearing
  • Nebraska District Courts — felony arraignment & trial (12 judicial districts)
  • Separate Juvenile Courts — Douglas, Lancaster & Sarpy counties (county court elsewhere)
  • Nebraska Department of Correctional Services — state prison sentences
  • Nebraska State Patrol — criminal history records
  • Douglas County Courthouse — 1701 Farnam St, Omaha; Lancaster County Courthouse — 575 S. 10th St, Lincoln

Penalties & Deadlines

  • First appearance / bail hearing on a felony: within ~48 hours of arrest
  • Class I misdemeanor: up to 1 year jail + up to $1,000 fine
  • Class IV felony: up to 2 years prison + post-release supervision + up to $10,000
  • Class II felony: up to 50 years imprisonment
  • Habitual criminal (2 qualifying priors): mandatory minimum 10 years, up to 60
  • Speedy trial: state must bring you to trial within ~6 months (Neb. Rev. Stat. 29-1207), excludable delays aside

Nebraska Is Not a 'Stand Your Ground' State — and That Surprises People

Plenty of Nebraskans assume that if they're threatened, the law lets them stand their ground anywhere. It doesn't. Under Neb. Rev. Stat. 28-1409, before using deadly force you generally have a duty to retreat if you can do so with complete safety — there is no broad stand-your-ground law here. The big exception is your own home or workplace, where Nebraska courts (see State v. White) recognize you do not have to retreat, even from a cohabitant. That gap between what people believe and what the statute says is exactly where self-defense cases are won or lost. If you used force and now face charges, the details matter enormously — call 1-844-690-0555 before you explain your side to anyone.


Likely outcomes & penalties

Outcomes in Nebraska turn on the charge class, your record, and how early you get sound information. These are realistic ranges under current law — not promises about your case.
Class I misdemeanor (e.g., many theft/assault charges)
Up to 1 year in county jail and/or up to a $1,000 fine; probation, fines or a set-aside often on the table for a first offense.
Class IV felony (lowest felony)
Up to 2 years prison plus 9–12 months post-release supervision and up to $10,000 — but a presumption of probation steers many of these toward community supervision instead of prison.
Class II / IIA felony (serious offenses)
Class II carries up to 50 years; Class IIA up to 20 years. These go to District Court and the exposure is severe — early defense matters.
Habitual criminal enhancement (29-2221)
Two prior qualifying felony commitments of 1+ year each can convert your sentence to a mandatory minimum of 10 years, up to 60 — making your prior record decisive.

Mistakes to avoid

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Talking to Omaha or Lincoln police 'to clear things up' without a lawyer — your words at booking become the state's evidence.
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Assuming Nebraska has 'stand your ground' and admitting you used force outside your home, where a duty to retreat can apply under 28-1409.
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Waiting for a bail bondsman who doesn't exist here — Nebraska bans commercial bonds, so you must understand the 10% appearance-bond system yourself.
⚠️
Treating a Class IV felony as hopeless and pleading fast, when the presumption of probation and post-release supervision under LB605 may keep you out of prison.
⚠️
Believing a completed probation 'set-aside' wipes your record clean — under 29-2264 it nullifies the conviction but does not seal or expunge it, and it can still enhance a future sentence.

How it works

1
Call the free hotline. Dial 1-844-690-0555 any time, day or night. No income test, no web form, no waiting room — and you can speak in English or Spanish.
2
Talk to an AI assistant trained on Nebraska + federal law. Describe what you're charged with and what's happening. You'll get clear legal information about Nebraska's courts, your charge class, bail, deadlines and options — not legal advice, and no attorney-client relationship is created.
3
Get matched with a Nebraska attorney if you want one. If your situation calls for a lawyer, we can help you book a paid consultation with a Nebraska-licensed criminal defense attorney. We are not a law firm and not a public defender — we connect you to the right next step.

Free & low-cost Criminal Defense help in Nebraska

If cost is a worry, Nebraska has real free and low-cost help. These organizations are genuine and serve Nebraskans statewide — and our hotline can point you to the right one for your situation.

Statewide nonprofit serving all 93 counties with free civil legal help; criminal defendants often need its help with the collateral fallout of a charge — housing, benefits, family law. Statewide AccessLine: 1-877-250-2016.
The Judicial Branch's official self-help hub — court-approved forms and plain-language guidance for people navigating Nebraska courts without a lawyer, including record set-aside resources.
The state bar's official referral service connecting the public with Nebraska-licensed attorneys by county and practice area, including criminal defense. Lincoln 402-475-7091; toll-free 1-800-927-0117.
Refers people in the Omaha metro to private attorneys across Douglas, Sarpy, Cass and Washington counties — useful if your case is in the Omaha-area courts. Phone 402-280-3603.
The official agency for requesting your Nebraska criminal history — the starting point if you're checking whether a record can be sealed or set aside under 29-2264 or 29-3523.
A free online 'virtual legal clinic' (ABA / Nebraska Volunteer Lawyers) where qualifying low-income Nebraskans post legal questions and get answers from volunteer Nebraska attorneys.

FAQ — Criminal Defense in Nebraska

I was just arrested in Omaha. What's the very first thing I should do?

Stay silent and ask for a lawyer — clearly and out loud — then stop talking. Don't consent to searches and don't try to explain. The next move is understanding your charge and bail before your first appearance, which can happen within about 48 hours. Call 1-844-690-0555 free, 24/7, for clear answers.

Is a DUI covered on this page?

Only in passing. Nebraska DUI has its own rules — including a tight 10-day window to challenge a license revocation — and we cover it on a dedicated page. If your situation involves drunk driving, still call 1-844-690-0555 and we'll point you to the right information.

What's the difference between a misdemeanor and a felony in Nebraska?

Misdemeanors (Neb. Rev. Stat. 28-106) are lower-level offenses, with the most serious — a Class I — capping at one year in county jail. Felonies (28-105) are graded Class I through IV and carry prison time, post-release supervision and far larger fines. Which one you face changes everything. Call 1-844-690-0555 to learn your charge's real class.

Do I need a bail bondsman to get out of jail?

No — Nebraska bans commercial bail bondsmen. On a percentage bond you pay 10% of the bail amount directly to the court, and most of that comes back if you make your court dates; a judge may also release you on a personal-recognizance bond. Confused about your bond? Call 1-844-690-0555.

Can I claim self-defense if I'm charged with assault?

Possibly, but Nebraska is not a stand-your-ground state. Under Neb. Rev. Stat. 28-1409 you generally have a duty to retreat before using deadly force if you safely can — except in your own home or workplace. The facts decide it, so don't narrate your version to police first. Call 1-844-690-0555 to understand how the statute applies.

I have prior felonies. Can the state stack my sentence?

Yes. Under the habitual criminal statute (Neb. Rev. Stat. 29-2221), two prior felony commitments of at least a year each can turn your new sentence into a mandatory minimum of 10 years, up to 60. Your record can be the single biggest factor in your case. Call 1-844-690-0555 to learn what your priors mean.

Can I get my Nebraska record cleaned up after the case?

Sometimes. After successfully completing probation (or a short jail term under recent law), you may petition to 'set aside' the conviction under Neb. Rev. Stat. 29-2264 — but a set-aside nullifies the conviction without sealing or erasing it, and it can still count against you later. Arrests that never led to charges may also drop off the public record under 29-3523. Call 1-844-690-0555 to learn your options.

My teenager was arrested — does that go to a different court?

Usually, yes. Nebraska has Separate Juvenile Courts in Douglas, Lancaster and Sarpy counties, and county courts act as juvenile courts elsewhere; juvenile records are generally not public. But serious charges can sometimes be filed in adult court. Call 1-844-690-0555 to understand where your child's case stands.

Should I just take the first plea deal the prosecutor offers?

Not without understanding it. A quick plea can lock in a felony when probation, a lower charge class, or the presumption of probation for a Class IV felony under LB605 might be available. Get the facts first. Call 1-844-690-0555 free, 24/7, before you decide anything.

How fast does a Nebraska criminal case move?

Faster than many expect. The state must generally bring you to trial within about six months under Neb. Rev. Stat. 29-1207, though certain delays don't count, and key decisions about bail and your preliminary hearing come in the first days. Don't lose those early weeks — call 1-844-690-0555.

Is Legal Hotline a law firm or a public defender?

No. We are not a law firm and not a public defender, and our call gives you legal information, not legal advice — it creates no attorney-client relationship. We help you understand your situation and, if you want, help you book a paid consultation with a Nebraska-licensed attorney. Call 1-844-690-0555.

What does the call actually cost me?

Nothing. The hotline is free, available 24/7, with no income test and no web form — you can call in English or Spanish. If you later choose to book a paid consultation with a Nebraska attorney, that's a separate, optional step we can arrange. Call 1-844-690-0555 now.


Are You a Nebraska Criminal Defense Attorney?

We connect frightened Nebraskans to clear information first — and to vetted local counsel when they need representation. If you're licensed in Nebraska and practice criminal defense, you can join our referral network and receive matched clients in your area. Reach out to learn how it works.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't Face a Nebraska Criminal Charge Alone

The hours after an arrest are when cases are won or lost — what you say, what you sign, and what bond you accept. Get clear, Nebraska-specific answers before that first court date. Call 1-844-690-0555 now: free, 24/7, no income test, no web form, in English or Spanish. It's legal information that helps you take the right next step — and, if you want one, we can help you book a Nebraska-licensed attorney.

Free legal information. Not legal advice.

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