When a person is charged with a criminal offense, he/she can often remain free, pending trial, by paying the court a large sum of money known as bail. The amount of bail is generally even higher in federal cases, such as those involving drug trafficking. Since most people cannot afford to cover the full amount of bail on their own, they may purchase a bail bond or ask friends/family members for financial help.
When the crime in question is drug trafficking or another federal offense, the court may require the defendant to prove that funds/assets used to cover the cost of bail were not obtained illegally. When there is concern about the nature of these funds, the court may delay the defendant’s release on bail by imposing a condition called a Nebbia hold. In order to remove the hold, the defendant will have to prove the legitimacy of these funds at a source of funds hearing, also known as a Nebbia hearing.
Source of Funds Hearing Explained
Although they are most common in federal criminal cases, source of funds hearings may also be required in state cases involving drug crimes, as it is generally assumed that illegal drug activity may have contributed to any bail payment. If you are facing a source of funds hearing, you will need to confirm the legal source of any bail funds you used, or will use, to pay bail.
You may also need to produce information on any third parties who contribute funds to your bail. These parties, known as sureties, can include a bail bondsman, or any person who promises to pay bail if you do not fulfill the conditions of your bond.
What You Need to Produce at a Source of Funds Hearing
The evidence and documentation you will need to produce at a source of funds hearing will vary based on the circumstances of your case, but the following information is commonly requested:
- Testimony as to the character and reputation of any sureties from which you obtained bail funding, whether they are family members, friends, or a bail bondsman;
- Documentation proving the legitimate source of any money or assets provided by a surety;
- Proof of the legal origin of any cash or assets you used to post bail;
- Any additional testimony, documentation, or evidence requested by the judge.
Contact the Law Office of Nayib Hassan, P.A. Today
If you are facing federal or drug crime charges, the skilled legal team at the Law Office of Nayib Hassan, P.A. can help. We will work tirelessly to defend your rights and position you for the best possible outcome. If you have been charged with a federal crime, you may need to attend a source of funds hearing before posting bail.
At the Law Office of Nayib Hassan, P.A., our goal is to protect your rights and keep you out of jail. Don’t attempt to navigate this difficult process without skilled legal counsel. Call us today at (305) 403-7323 for a free and confidential case about your case.