Address:
405 15th Ave
Franklin, NE 68939-0292
Phone:
308-425-6231
Does Franklin County have bail?
What kind of bonds are accepted in Franklin County?
Who can set bail in Franklin County?
When is bail set in Franklin County Nebraska?
Yes, Franklin 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. Franklin 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.
Franklin 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.
Bail is what the arrested in Franklin 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 Franklin 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 Franklin 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, Franklin 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, Franklin 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. Franklin 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.
Franklin 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 Franklin County Jail for more information about the jails in Franklin 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 Franklin County Jail for more information about posting bail in Franklin 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.
Because bail bond procedures in Franklin County and Nebraska can change, it’s always a good idea to call either Franklin County Jail at 308-425-6231, or the court in the relevant jurisdiction (i.e., Municipal Court, District Court, etc.) immediately after the defendant has been booked.
Ask the staff at Franklin County Jail or the Franklin County Court Clerk these specific questions:
If you think the bail amount is too high, contact a lawyer or the public defender to discuss the possibility of a bail reduction. Acting quickly will help secure the defendant’s release sooner.
Working with a criminal attorney or bail agent can streamline the process and make it less stressful.
Option 1 - How to Post Bail with Cash at Franklin County Jail
A cash bond requires you to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
The amount could range from $100 to $75,000 or more depending on the charge.
To pay the bond, you can go directly to Franklin County Jail or to the court where the hearing occurred. Going to the jail will speed up the process, as paperwork from the court needs to be sent there for the release.
Cashier’s checks and money orders should be made out to Franklin County Jail, the Franklin County Sheriff’s Office, or the Franklin County Court.
You can purchase money orders at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Franklin County Jail
If you don’t have the full bail amount, you can post a surety bond by working with a bail agent. The agent posts the bond in exchange for a premium, which is usually 10-15% of the bail amount.
For instance, if the bail is $5,000, the premium will cost between $500 and $750.
The bail agent may require collateral, such as property or valuable items, to ensure payment if the defendant doesn’t appear in court.
When you sign an agreement with a bail agent, you are responsible for paying the full bail amount if the defendant fails to appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Franklin County Jail
Property owners in Franklin County may be able to post a property bond using real estate as collateral. All property owners must be present to sign the bond.
For information on using property outside of Franklin County, consult a local bail agent or defense attorney.
Click here for more details about posting bail at Franklin 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.