How the Nebraska Criminal Justice System Works: A Step-by-Step Guide from Arrest to Appeal

If you or someone you care about is facing criminal charges in Nebraska, it’s easy to feel overwhelmed. This post explains how the Nebraska criminal justice system works—from arrest to bail, charges, trial, sentencing, and appeal. You’ll learn what to expect at each stage, what rights defendants have, and how the process is different in Nebraska compared to other states. Whether you’re navigating the system yourself or just trying to understand how it works, this clear, step-by-step overview is designed to help you feel more informed and prepared.

Step 1: Arrest

A criminal case begins when law enforcement makes an arrest, either with a warrant or without one if they have probable cause to believe a crime has been committed.

Your Rights at Arrest

• You have the right to remain silent and the right to an attorney.

• Police must inform you of these Miranda rights if you’re taken into custody and questioned.

• If officers violate these rights, certain evidence may be excluded from trial.

Step 2: Bail and Pretrial Release in Nebraska

After arrest, the accused appears before a judge for a bail hearing to determine whether they can be released while the case proceeds.

Nebraska-Specific Bail Process

• Nebraska does not use commercial bail bondsmen.

• The court may release a defendant on:

  • Personal recognizance (a promise to return),

  • A 10% cash bond (paid directly to the court),

  • Or order the person held without bond in serious cases.

• Judges consider flight risk, criminal history, and public safety when deciding bail conditions.

Step 3: Charges and Arraignment

Before a case proceeds, formal charges must be filed. This is where Nebraska differs from some other jurisdictions.

Filing Charges in Nebraska

• In most felony cases, the prosecutor files an information after a preliminary hearing establishes probable cause.

• Grand jury indictments are rare in Nebraska and typically used in cases involving in-custody deaths or when a petition is filed.

Arraignment

• The defendant appears in court to:

  • Be formally advised of the charges,

  • Enter a plea: guilty, not guilty, or no contest,

  • Discuss representation and future court dates.

Step 4: Trial (or Plea Bargain)

Not every case goes to trial. Many are resolved through plea negotiations, where the defendant agrees to plead guilty in exchange for reduced charges or sentencing recommendations.

If the Case Goes to Trial

• Jury Selection: A panel of jurors is chosen unless the defendant waives this right and chooses a bench trial (judge only).

• Opening Statements & Evidence: Both the prosecution and defense present their cases.

• Standard of Proof: The prosecution must prove guilt beyond a reasonable doubt.

• Verdict: A judge or jury issues a guilty or not guilty verdict.

If found not guilty, the defendant is acquitted and released.

Step 5: Sentencing

When a person pleads guilty or is found guilty, the court holds a sentencing hearing to determine the punishment.

Sentencing in Nebraska

• Judges in Nebraska use sentencing guidelines that recommend ranges based on the offense and criminal history.

• The judge considers:

  • The severity of the crime,

  • Victim impact statements,

  • The defendant’s prior record,

  • Mitigating or aggravating circumstances.

Possible Penalties

• Fines or restitution

• Probation or community service

• Jail or prison

• Mandatory minimums may apply for certain felonies, like drug or firearm offenses.

Step 6: Appeals

Being convicted doesn’t necessarily end the process. Nebraska law allows for appeals in many cases.

How Appeals Work in Nebraska

• The defendant has 30 days from sentencing to file a notice of appeal.

• The appellate court reviews the trial for legal errors but does not re-try the facts.

• If successful, the result could be:

  • A reversal of the conviction,

  • A new trial,

  • A modified sentence.

Frequently Asked Questions (FAQ)

How long does a criminal case take in Nebraska?

Misdemeanor cases can resolve within weeks. Felony cases often take several months or longer, depending on court schedules and complexity.

What if I can’t afford an attorney?

You have the right to a court-appointed public defender if you meet Nebraska’s financial eligibility criteria.

Can charges be dropped before trial?

Yes. Prosecutors may drop or reduce charges due to insufficient evidence, successful motions, or a plea deal.

What happens if I miss a court date?

A bench warrant may be issued for your arrest. You could also face additional charges. Always stay in contact with your lawyer and the court.

Can I get probation instead of jail?

In many cases, yes—especially for first-time offenses or nonviolent crimes. It depends on the charges and sentencing guidelines.

How does a “no contest” plea work?

A plea of no contest means you do not admit guilt but accept conviction. It can’t be used against you in a related civil lawsuit.

Facing Criminal Charges in Nebraska?

Understanding your rights is important—but having an experienced advocate by your side is even more critical. The Nebraska criminal justice system is full of deadlines, legal standards, and decisions that can have life-changing consequences.