Missed Court in Nebraska: What Happens Next

Nebraska failure to appear law

In Nebraska, missing a required court date after release can be charged as its own crime. The statute grades it by the kind of case:

• Released on a felony charge: Class IV felony. A person charged with a felony and released who willfully fails to appear, or to surrender within three days, is guilty of a Class IV felony. (Neb. Rev. Stat. § 29-908)

  Whoever is charged with a felony and is released from custody under bail, recognizance, or a conditioned release and willfully fails to appear before the court granting such release when legally required or to surrender himself within three days thereafter, shall be guilty of a Class IV felony, in addition to any other penalties or forfeitures provided by law.

• Released on a misdemeanor charge: Class II misdemeanor. On a misdemeanor or ordinance charge carrying possible jail of more than 90 days, the same willful failure is a Class II misdemeanor. (Neb. Rev. Stat. § 29-908)

  Whoever is charged with a misdemeanor or violation of city or village ordinance, conviction of which would carry a jail sentence of more than ninety days, who is released from custody under bail or recognizance or conditioned release and who willfully fails to appear before the court granting such release when legally required to surrender himself or within three days thereafter, shall be guilty of a Class II misdemeanor, in addition to any other penalties or forfeitures provided by law.

• Summons or citation: misdemeanor (up to $500, 3 months, or both). Failing to appear or otherwise comply with a citation is a misdemeanor punishable by up to $500, three months in jail, or both. (Neb. Rev. Stat. § 29-426)

  Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.

The statute’s mental-state words are “willfully”, so the reason the date was missed can matter.

Driver’s license after a missed traffic date in Nebraska

A resident who breaks a promise to comply with a moving-violation citation is subject to suspension: the court notifies the DMV, which gives notice and then summarily suspends if compliance is not shown within 20 working days. (Neb. Rev. Stat. § 60-4,100)

Any resident of this state who has violated a promise to comply with the terms of a traffic citation issued by a law enforcement officer for a moving violation in any jurisdiction outside this state pursuant to the Nonresident Violator Compact of 1977 or in any jurisdiction inside this state shall be subject to having his or her operator's license suspended pursuant to this section.

Bail and bonds after a missed date in Nebraska

The court may set a forfeiture aside on conditions if justice does not require enforcing it; the statute sets no fixed deadline. (Neb. Rev. Stat. § 29-1107)

To compare what posting bail costs in Nebraska, see the Nebraska bail bond calculator.

How to deal with a missed date in Nebraska

Only the court that set the date can recall a warrant or give a new date. Contact that court’s clerk, or the lawyer or public defender on the case, who can ask the court to recall or quash the warrant.

• Official case search: Nebraska JUSTICE court case search
• How to check for a warrant in Nebraska