Nebbia Bond Hearings Florida Nebbia Bond Hearing Attorney

In Federal and State Court, the Court can add a condition on the bond known as a Nebbia Hold, Nebia Hold, Nebbia requirement, or Bail Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond (his friend or family member) to produce and disclose the source of bail premium and collateral prior to the defendant's release on bail. The defendant must show that the source of the bail premium and collateral are from a legitimate source and were not acquired through illegal activities, or from the profits of a crime such as drug trafficking, money laundering, theft or fraud. The courts in counties throughout Florida, including Hillsborough, Pinellas, Polk, Pasco, Manatee, and Sarasota County are now routinely imposing "Nebia holds" in drug trafficking, fraud and conspiracy cases.

How do we get the hold lifted?

An experienced Nebbia / Nebia Hearing lawyer can quickly schedule the Hearing, and file a Nebbia Proffer and Petition to Lift the Nebbia Order. The proffer is a written response to the Nebbia / Nebia hold that outlines proof showing that the funds being used to pay the bond are from legitimate sources, and can include a copy of bank records, mortgage and real estate property records, income statements, and other financial records which trace the funds being used to pay the bond.

What information is needed?

An experienced Nebia Bond Hearing attorney can help you present the necessary documents to the prosecutor and the court. When this is done properly, the prosecutor can stipulate to the hold being lifted without a hearing with the court's permission. In those cases, a joint stipulation order can be filed. If the prosecutor will not agree to the stipulation, then the hearing will take place. At the hearing, the criminal defense attorney will present evidence, including documents and testimony, to show the court that the source of the funds is legitimate. Once the court is satisfied that the funds being used to post the bond are from legitimate sources, the Court can lift the Nebbia hold so that the Defendant can bond out of jail without any further delay.

How long will this take?

At the Sammis Law Firm, we can quickly help you gather the necessary documents, file the Nebbia Proffer and Notice of Hearing, and schedule the hearing as quickly as possible, usually within just a few business days.

What if the funds for the bond premium or collateral have been borrowed?

There is nothing wrong with borrowing the funds, as long as it can be shown that the loan could be repaid with legitimate funds.

Will the Defendant's friends or family have to testify?

If the prosecutor and court do not stipulate to lifting the hold based on the proffer, then the person providing the funds may need to testify in certain cases. For most individuals, an experienced criminal defense attorney, well-versed on Nebbia requirements can make this process quick and simple, and avoid unnecessary delays.

Why is it called a Nebbia Hearing or a "Nebia Hold"?

In United States v. Nebbia, 357 F.2d 303 (2d Cir. 1966), the court held that when a defendant posted $100,000.00 bail in cash, the trial court was permitted to ask questions about the source of the funds. The rationale behind the decision was that if the defendant had acquired the $100,000.00 through illegal activities such as trafficking drugs, fraud or theft, then the funds would create little incentive to return to court.

The Nebbia decision applies to Federal Cases, however, the Florida State Courts have interpreted Florida Statutes and the Florida Rules of Criminal Procedure, specifically Section 903.046(2), and Rule 3.131(b) to authorize a court to question the source of funds used to post bail before release. A motion for this hold can be requested by the prosecutor or arresting officer, or set by the court at first appearance court.

Conclusion

If you need to discuss a "Nebia Hold" pending against an individual arrested in Hillsborough County, Pinellas County, Polk County, Manatee County, Pasco County, or Sarasota County, contact the Sammis Law Firm for a free consultation at 813-250-0500 to discuss your case today.