We work hard to get your loved one out of jail as soon as possible. Nebbia holds can be a nuisance when it comes to be released from jail.
Courts can legally inquire about the source of funds used to post bail for someone in any criminal case. Sometimes, the State or Federal prosecutor will request what is called a Nebbia hearing (referring to the case of U.S. v. Nebbia, 357 F.2d 303 – 2d Cir. 1966).
Basically, a bond is meant to be set at an amount that will ensure that the defendant will return to court. Let’s assume you are accused of dealing or trafficking in drugs. Let’s also assume that you don’t have much money or many assets in your name. Normally, a $50,000 bond may be reasonable to ensure you come back to court – because that is a lot of money for you. And you don’t want to lose that money by not showing up to court. But if someone else who does have a lot of money posts your bail, that whole idea of ensuring you will come back to court pretty much goes out the window, right?
Let’s assume you are a drug dealer and your supplier wants to post your bail because you sell a lot of his drugs and make him a lot of money. Courts have learned from experience that, in those scenarios, the defendant is never heard from again – or is found years later somewhere else. That is just one of the reasons the courts can inquire into the source of the funds for posting your bail. Courts also do not want drug money being used to bail out inmates accused of drug crimes.
If you or a loved one is being held on a Nebbia hold, you can file for a writ of habeas corpus to demand you (1) are released and the hold lifted; or (2) have a hearing as soon as possible. Even thought Nebbia is a federal case, it does apply to Florida state courts. So if the court does hold a Nebbia hearing on your case, you will need to have your lawyer demonstrate that the source of the funds does not come from illicit activities.
It is helpful for the attorney to meet with family members or loved ones to find out how it may be possible to get the money together and show the State Attorney on paper that the money comes from legitimate sources (like income from your job, savings, or a pension).
Here is a link to the Florida Statute that deals with this issue. Contact the Fighter Law Firm today at (407) 344-4837 to discuss how we can help.
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