Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-908 (2026)

Bail, recognizance, or conditional release; failure to appear; penalties

✓ current as of July 2026
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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.

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.

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1973–2025 · leading case: State v. Hassan, 309 Neb. 644 (Neb. 2021).
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State v. Hassan, 309 Neb. 644 (Neb. 2021). · cites it 19× “The statute underlying the basis of the failure to appear charge, Neb. Rev. Stat. § 29-908 (Reissue 2016), provides in relevant part: Whoever is charged with a felony and is released from custody under bail, recognizance, or a conditioned release - 650 - Nebraska Supreme Court…”
State v. Moss, 480 N.W.2d 198 (Neb. 1992). · cites it 9× “On December 15, 1988, pursuant to a plea agreement, Moss pled guilty to the amended charge of failure to appear before the court which had authorized Moss’ release from custody on his personal recognizance, that is, a violation of Neb. Rev. Stat. § 29-908 (Reissue 1989), which…”
State v. Valdez, 463 N.W.2d 326 (Neb. 1990). · cites it 6× “After trial to a jury, the defendant, Mike Valdez, was convicted of failing to appear before the court after having been “released from custody under bail, recognizance, or a conditioned release,” in violation of Neb. Rev. Stat. § 29-908 (Reissue 1989). He was sentenced to…”
State v. Bowers, 548 N.W.2d 725 (Neb. 1996). · cites it 2× “1992), and of failure to appear, in violation of Neb. Rev. Stat. § 29-908 (Reissue 1995). Bowers appealed to the district court and asserted that the county court erred in denying his motion to suppress evidence which was secured following the stop of his vehicle, because the…”
State v. Zaritz, 456 N.W.2d 479 (Neb. 1990). · cites it 4× “The defendant was additionally charged with felony failure to appear, in violation of Neb. Rev. Stat. § 29-908 (Reissue 1989). Zaritz waived his right to a jury trial.”
State v. Thomas, 459 N.W.2d 204 (Neb. 1990). · cites it 2× “Thomas, was convicted in the district court for Knox County on the charge of failure to appear, in violation of Neb. Rev. Stat. § 29-908 (Reissue 1989). Defendant was sentenced to imprisonment for 1 year, to be *85 served consecutively to a sentence previously imposed for a…”
State v. Heckman, 473 N.W.2d 416 (Neb. 1991). · cites it 2× “See Neb. Rev. Stat. § 29-908 (Reissue 1989). There was no conviction or sentence on the failure to appear charge.”
Tyler v. Houston, 728 N.W.2d 549 (Neb. 2007). · cites it 2× “61 See Neb. Rev. Stat. § 29-908 (Reissue 1995) (establishing penalty for failure to appear after prisoner “released from custody under bail”).”
State v. McDaniel, 285 N.W.2d 841 (Neb. 1979). · cites it 4× “The defendant, appellant in this court, John William McDaniel, was charged and convicted after a trial to the court for failure to appear for sentence in violation of section 29-908, R. R. S. 1943. The defendant was sentenced to a term of 1 year in the Nebraska Penal and…”
State v. Claussen, 756 N.W.2d 163 (Neb. 2008). · cites it 2× “" Neb.Rev.Stat. § 29-908 (Reissue 1995) provides in relevant part: 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…”
State v. Reitenbaugh, 284 N.W.2d 19 (Neb. 1979). · cites it 2× “This is an appeal from a conviction of failure to *584 appear as per section 29-908, R. S. Supp., 1978. The defense was not guilty by reason of insanity.”
State v. Sluyter, 401 N.W.2d 480 (Neb. 1987). · cites it 2× “§ 28-512 (Reissue 1985), and two counts of failure to appear, in violation of Neb. Rev. Stat. § 29-908 (Reissue 1985). The only error assigned by defendant is that the district court erred in overruling defendant’s motion for a continuance so that he could obtain a different…”
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