Address:
451 N 5th St
David City, NE 68632
Phone:
402-367-7400
Bail is what the arrested in Butler County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Butler County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Butler County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Butler County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid. Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid. Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Butler County recognizes bail, however, does not permit bail bond companies to operate in the state. Bail is offered as either a personal recognizance or 10% cash bail. Nebraska does not permit property or surety bonds.
During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Judges in Nebraska rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Butler County judges can still exercise discretion in setting bail above or below the recommended range.
Nebraska does not allow private bond companies but rather the county courts and jailer process the paperwork needed for the bond. The defendant can either pay the full cash amount or ask the court for a cash percentage bond where the defendant pays 10% to the court, which is not returned and covers court costs. The full bail amount will become due if the defendant does not show to court and the court could issue a warrant for arrest with the Sheriff’s department.
There may be other conditions for release in addition to the bail amount. Conditions usually include drug testing, abstaining from drug and alcohol use, meeting with a Pretrial Release officer and having no contact with the victim.
Butler County recognizes either full cash payment or a cash percentage bond where the arrested pays 10% to the court.
For misdemeanor cases, bail is set according to an established schedule by the officers processing the booking. Felony cases require a judge to set bail.
For misdemeanor cases the bail is set according to a schedule and that information will be available during booking. Felony cases require a bail hearing in front of a judge. This hearing is normally scheduled for the next available court date. According to Nebraska state law, the hearing must be scheduled within 48 hrs. of arrest.
Yes, you or your attorney make file a motion with the court asking bail to be reduced.
The person posting bail could be the defendant, a relative or close friend,
Nebraska counties do not currently offer online bail payments. Contact the jail for specific information on how to pay bail. Go to the Butler County Jail for more information about the jails in Butler County.
Nebraska only allows one type of bail payment – cash. Some county jails do have the ability to accept credit or debits cards when making payment.
Go to the Butler County Jail for more information about posting bail in Butler County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court can send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down.
Since bond companies are not permitted in Nebraska, it is best to speak with a booking officer or pretrial release officer regarding how to best be able to pay the bail amount.
Please call the jail at 402-367-7400 for the type of bond and any information that is required for a particular individual at Butler County Jail.
A bond is set according to a court-approved schedule.
The purpose of the bond is to assure the offender's appearance in court.
Because Butler County and Nebraska can change their bail bond procedures, it is always best to call either the Butler County Jail at 402-367-7400, or the court in the jurisdiction (i.e. Municipal Court, District Court, etc.) where the offender was charged, right after an arrestee has been booked.
Ask the staff at the Butler County Jail or the Butler County Court Clerk these specific questions:
If you feel the bail is too high and you wish to get it reduced, contact a lawyer or the defendant's public defender and get them to look into what they can do to get a bail reduction. The sooner you get working on this the quicker you will get your loved one released.
This entire process will go smoother and faster with a criminal attorney or bail agent handling it for you.
Option 1 - How to Post Bail using Cash for a Defendant at Butler County Jail
The first option, a cash bond, is to pay the full bail amount in cash, cashier's check, or money order. Personal Checks are not accepted.
Depending on the crime, this amount could be anywhere from $100 to $75,000 or more.
To pay a cash bond, go to Butler County Jail or to the court where the bail hearing occurred. Going directly to the jail will quicken the release of the defendant as any bail paperwork processed at the court will have to be transferred to the jail.
Cashier's Checks and Money Orders may be made out to Butler County Jail where the defendant is being held, but usually to the Butler County Sheriff's Office or to the Butler County Court.
To purchase money orders visit any Western Union, Moneygram or Post Office.
Option 2 - How to Post a Private or Surety Bond for a Defendant at Butler County Jail
In the event that someone does not have the full bond amount available to him or her, there is what is called a private bond or surety bond.
This is an agreement made with a bail agent or bondsman who will post the full bail amount. In return, the defendant and/or cosigner will pay a premium to the bail agent. This premium will be 10-15% of the full bail amount.
For example, if bail is posted at $5,000, then the premium will cost approximately $500-$750.
A bail agent will often require some form of collateral, for example, a lien on a house, a car or jewelry. This is to ensure that if the defendant skips bail, or does not appear in court, the bail agent has some sort of compensation for the full bail amount being paid.
Remember, by making an agreement with a bail agent the signatory takes responsibility for paying the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Butler County Jail
If you are a landowner in Butler County you may be able to post a property bond. Property within Butler County may be used as collateral to bail someone out. All owners of the property must be present to sign the bond in order for this to happen.
To find if property located outside of Butler County can be used as collateral, call a local bail or bond agent or contact a defense lawyer.
Click here for additional information on how to post bail at Butler County Jail.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Nebraska state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
Money or collateral will not be returned until the defendant's court case is finished, so realistically it could take several months to years, depending on the severity of the charges. If a defendant posts his or her own bail, Butler County Court may retain whatever amount of fines or fees have accumulated throughout the trial.
The Butler County Judge may order a failure to appear warrant for the person's arrest or the Judge may order a Bail Commissioner's Letter be issued that will be sent to the person with a new court date.
If cash bail was paid, the entire amount may be forfeited.
Using Jail ATM Digital Messaging with an Inmate at Butler County Jail - Sending and Receiving Messages.
How It Works:
Once you sign up with Jail ATM instant Messaging you can you can send texts from the cell phone associated with the mobile number you provided at sign-up, and receive text messages from the inmate on the same cell phone. You can only use the phone number you signed up with or it won't work.
To learn more about this email service, check out our full instructions, including fees at our emailing and texting page.
To register and sign up for a visitation account with CIDNET Video Visitation Service, follow the instructions below:
For all the information you need to know, including instructions, special links, policies, rules, tips and solutions to possible issues regarding regular visitation and remote video visits with an inmate in Butler County, visit our full page guide.
NOTE: All visits are recorded. Whatever you talk about, can and will be used against your inmate in court. Never discuss their pending criminal case!
Also, be warned that CIDNET may be collecting voice prints for a database which they may be sharing with law enforcement agencies.
To register and sign up for a phone account with CIDNET Inmate Phone Service, follow the instructions below:
For all the information you need to know, including instructions, policies, tips and solutions to possible issues regarding making phone calls with an inmate in Butler County, visit our full page guide.
NOTE: All phone conversations are recorded. Whatever you talk about, can and will be used against your inmate in court. Never discuss their pending criminal case!
Also, be warned that some phone providers are collecting voice prints for a database which law enforcement agencies are building.
To send and receive secure texts or emails from an inmate housed in Butler County follow these instructions:
For all the information you need to know, including instructions, policies, tips and solutions to possible issues with Texting and Emailing an inmate in Butler County, visit our full page guide.
To send a commissary carepack (food, snacks and goods) directly to an inmate in Butler County Jail follow these steps:
For all information, tips and available items for shipping Commissary packages or sending money to an inmate in Butler County Jail check out our Commissary Instructions Page for Butler County.
The Butler County Jail contracts with Prodigy Telephone Solutions. Inmates have ability to use their Messaging Service to send and receive electronic messages.
Depending on the facility, inmates can either view messages from you by:
Pay for the Prodigy Inmate Messaging Service at Butler County Jail.
- Online,
- Over the Phone by calling 866-700-4545,
- Using a Kiosk at Butler County Jail.
Pay for Prodigy.
- Using a Kiosk at Butler County Jail.
- Over the phone by calling 877-810-0914.
How much does it cost to send and receive messages?
Rates to send messages vary and are subject to change.
The typical cost is $1.00 per message, plus $1.00 per photo and $3.00 per 30 second video when available.
Step 1 - Sign in or create an account to find your facility.
Step 2 - Fund Account
NOTE: By turning on messaging, you will fund your account with $5.00 and authorize Prodigy / Jail ATM to charge your payment method for the same amount if you send a message or receive a collect message and do not have enough money.
To deposit money online for an inmate in Butler County Jail follow these steps:
For all information, tips and procedures for sending money to an inmate in Butler County Jail, or depositing money at the jail, over the phone or by mail, check out our Send Money Page for Butler County.
