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My friend is in jail and has been held for more than 72 hours

on a bench warrant for...
My friend is in jail and has been held for more than 72 hours on a bench warrant for failure to appear in a civil case. In nebraska, is this a criminal offense?
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Answered in 38 minutes by:
10/1/2009
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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Hello.

It is not a criminal offense, but he can be held in jail. If someone fails to appear for court, a judge can issue what is called a body attachment, which is equivalent to a failure to appear warrant. It's not a charge; rather, it is a way for the judge to ensure that the person appears for court after being properly summoned. He is entitled to a hearing, and the judge may release him if he is satisfied that he will actually show up to court when he is summoned. He can file a request for an immediate hearing, but the judge will likely wait for the attorney whether he files the request or not.
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Customer reply replied 8 years ago

The bail on the warrant was set to the amount of the judgement, $1500.00, which we cannot pay. Does he have any other avenue of getting released before the plaintiff attorney returns from vacation? Can he ask the judge to require the collection agency to send a representitive for a hearing, since the attorney is on vacation?

Yes, he can request an immediate hearing due to the fact that he is being detained, and ask that the judge require the attorney to send another attorney to stand in for him in his absence. The judge may not do it, but he can ask.
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Customer reply replied 8 years ago

Has his rights been violated because he has not had a hearing for so long?

Since bail was set, it is unlikely that a court would find that his rights have been violated.
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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