The Nebbia Hold
So, a loved one has been arrested, the jail has informed you of the bond that’s been set, you’ve contacted a bondsman to pay the fee and then you are told as you wait in the jail lobby that the judge won’t authorize the release until after a Nebbia Hearing…
A What????? A Nebbia Hearing. Upon the Court’s initiative, or upon the prosecutor’s request, A hold can be placed on the Defendant until a hearing is conducted to determine that the funds used to post the bond come from legitimate sources.
In State Court, especially in Martin County or within the 19th Judicial Circuit, the Nebbia Hold is fairly rare. However, It has been requested by some prosecutors recently in cases involving fraud and drug transactions. Whether this is a trend that will continue and increase, we will have to wait and see.
Many attorneys and bondsman have never even heard of a Nebbia Hearing, let alone conducted one. If you find yourself in a position of needing to verify the source of funds used to post bond, it is important to have a lawyer and bondsman with experience in these matters. The burden is on the Defendant and his family to establish the legitimacy of the funds used to post bond. The judge may consider evidence including testimony and documents that prove the source of the funds. Sometimes, the Court will set the hearing upon noting that the bond paperwork has been submitted. Other Courts will wait for the Defendant to file a motion and set the Nebbia Hearing.
Under such circumstances, hiring an attorney experienced in conducting Nebbia Hearings can aid dramatically in getting through this incredibly stressful process. The Attorneys at Ferraro Law Group have experience in these matters. We can work quickly to ensure that your loved one gets the due process that they deserve on an expedited basis. If your loved one is being detained on a Nebbia Hold in or around the Treasure Coast, Contact Us Today to discuss your situation.