In Nebraska, crimes are separated into three categories: infractions, misdemeanors and felonies. While most people know that a felony is a serious crime, can you be arrested for a misdemeanor in Nebraska?
Yes, you can be arrested for a misdemeanor offense in Nebraska. Nebraska law, sections 28-401 et. seq. gives law enforcement the legal authority to arrest anyone found to be committing a misdemeanor.
In Nebraska, misdemeanors are classified in different categories. Each category has its own range of penalties. Misdemeanor penalties can include fines, jail and/or probation.
|Class I Misdemeanor
|0 to 1 year
|0 to $1,000
|Class II Misdemeanor
|0 to 6 months
|0 to $1000
|Class III Misdemeanor
|0 to 3 months
|0 to $500
|Class IIIA Misdemeanor
|0 to 7 days
|0 to $500
|Class IV Misdemeanor
|0 to $500
|Class V Misdemeanor
|0 to $100
|Class W Misdemeanor
|Driving under the influence
Mandatory minimum 7 days to 60 days maximum
|$500 for First and Second Offense
$1000 for Third Offense
You can be sentenced to a jail sentence for a misdemeanor in Nebraska. Depending on the class of misdemeanor, your sentence could be anywhere from one day to one year.
If you are sentenced to jail on a misdemeanor in the state, you would serve your sentence in the county jail and not the state penitentiary, or prison as it is also called.
When you are arrested on a misdemeanor, you are usually booked into the county jail. Some counties no longer have jails, so you may be taken to a neighboring county.
Since you have not been convicted, the court will set a bond that you will need to post if you want to be released prior to your trial. Depending on the county and what you were arrested for, there may be a preset bond.
If there is not a preset bond, you will have to wait until a judge sets your bond in writing, or you are brought to court the next available court session.
Eventually your case will be set for an arraignment date and the case will move forward to trial or a plea agreement.
Arrest warrants can be issued for misdemeanor offenses in Nebraska. Warrants can be issued after law enforcement investigates an alleged crime and believes there is probable cause that the accused committed the crime.
A warrant for arrest needs to issued by a court and not the police. Usually the police will submit their investigative reports with a warrant request to the County Attorney.
The County Attorney’s office will review the reports and make the decision on whether to request a warrant from the court and go ahead with prosecution of the case.
While misdemeanors are less serious than felonies in Nebraska, they can still be serious criminal allegations. A misdemeanor conviction can lead to an arrest warrant and up to one year in jail per charge.
In addition, some misdemeanors convictions can have other consequences. For example, domestic violence convictions can effect your rights to possess a firearm.
The bottom line is that you shouldn’t take a misdemeanor accusation lightly. If you have concerns, your best bet is to talk to a criminal defense attorney.
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