FREQUENTLY ASKED QUESTIONS
What is Pretrial Services?
Pretrial Services perform two important functions in the administration of criminal justice. First, they gather and present information about newly arrested defendants and about available release options for use by the Court in deciding what release conditions are to be set for defendants’ release on bond. Second, they supervise the defendants released from custody by monitoring their compliance with release conditions and by helping to ensure they appear for future court dates.
What are the conditions of release?
In nearly all instances, a defendant on Pretrial Services is subject to a “standard” Order Setting Conditions of Release, which includes the following:
- Attending all court appearances
- Obeying all laws and reporting any law enforcement contact to the Pretrial Services Office
- Checking in with the Pretrial Services Office at least weekly
- Seeking/Maintaining lawful employment
- Securing/Maintaining a suitable residence
- Staying in the State of Nebraska
- Abstaining from using or possessing alcohol or a controlled substance
- Reporting for random drug/alcohol testing
- Prohibited from possessing a firearm or other dangerous weapon
The Court may add, subtract or modify conditions as it sees fit, which may include but is not limited to electronic monitoring (GPS, alcohol monitoring), imposing no-contact provisions, setting curfews, and requiring a defendant to attend treatment programming.
Does Pretrial Services cost anything?
As part of the “standard” Order Setting Conditions of Release, defendants are court-ordered to pay a one-time supervision fee of $50. If a defendant is subject to electronic monitoring, the Court will determine whether the defendant will be financially responsible for all or a portion of those fees.
How long is someone on Pretrial Services?
A common misconception is that a defendant is only on Pretrial Services until their first court date or trial date. Pretrial Services is a condition of bond, meaning that a defendant placed on Pretrial Services will remain on Pretrial Services until the defendant’s case reaches a disposition (i.e. dismissal, sentencing, Drug Court, etc.). The Court can choose to remove a defendant from Pretrial Services at any time by the defendant’s request or at its own discretion.
Can Pretrial Services supervision be transferred to another County/State?
No. Unlike Probation, which is a state program and can transfer across county and state lines, Pretrial Services is a county program. Defendants who are on Pretrial Services, whether they reside in Sarpy County or not, are required to report to Sarpy County for appointments, drug testing, etc.
What happens if a defendant violates their bond conditions?
The County Attorney’s Office is notified of all Pretrial Services violations and a defendant’s bond may be revoked or further bond conditions can be added as determined by the Court. Failure to comply with bond conditions could also result in a warrant for the defendant’s arrest with or without hearing
After bond conditions are set, can they be modified?
The Judge is the only person who can modify bond conditions. The request to have bond conditions modified is generally done through the defendant’s attorney.
Can time spent on Pretrial Service count toward any jail sentence that may be received?
No. Only days spent incarcerated can count toward credit for time-served. However, a defendant’s performance on Pretrial Services may be used to determine a defendant’s eligibility for additional community corrections programs (House Arrest, Work Release, Re-Entry Assistance Program).
How do I contact the Pretrial Services Office?
A list of contact information for all supervision officers as well as the front desk can be found at:
What should I do if I miss a drug test? Can I make it up?
Random drug screens cannot be made up and you need to contact your supervision officer immediately. Your supervision officer’s contact information can be found at https://www.sarpy.com/justice-public-safety/community-corrections
How do I request permission to travel outside of the State of Nebraska?
Permission to travel outside of the State of Nebraska requires prior approval from the Court. You will need to complete the “Travel Request” form located at https://www.sarpy.com/justice-public-safety/community-corrections and provide the completed form to your supervision officer. Incomplete forms will not be accepted. You will need to provide the form to your supervision officer with as much notice as possible.