If you are facing criminal charges, you must post bail in order to stay out of jail while your case is processed. Nebbia hearings require defendants to disclose the source of funds used to post bail.
Although most common in cases involving federal offenses, such as drug trafficking, kidnapping, and crimes being investigated by the FBI, Nebbia hearings can also be required in state courts.
Bail is basically a contract between a defendant and the court. The defendant pays a relatively substantial sum, which can be a combination of cash and assets as a guarantee that he/she will be present at future court dates.
Most people don’t have the assets necessary to cover bail entirely on their own. This is especially true with federal cases, where bail is often extremely high. As such, defendants in federal cases frequently purchase bail bonds, use collateral, or ask friends/family to help cover bail.
The Nebbia Hearing Process
The purpose of a Nebbia hearing is to prove that any funds and assets used to cover the cost of bail were not obtained illegally. Since federal crimes, such as drug trafficking, often involve substantial cash flow of an illegal nature, the justice system is particularly concerned with the source of cash and assets used to post bail in these cases.
If you are able to convince the court that all assets were obtained legally, you may be released from jail pending trial. Contact a Florida defense lawyer at (305) 403-7323 today for more information about how to prepare for a Nebbia hearing.
What Information is Needed at a Nebbia Hearing?
The defendant in a federal case bears the burden of proof in a Nebbia hearing. To show that bail is being legally financed, you will need to produce substantiating evidence at the hearing. Examples of evidence include:
- Loan documents
- Tax returns
- Bank statements
- Testimony from individuals who know your financial situation
- Real estate property records
- Mortgage information
- Business documents
- Bail bond contract
When the court is concerned about the source of bond funds, a Nebbia hold may delay the defendant’s release from custody. Although Nebbia holds originated in the federal court system, they can also be applied in Florida state courts. A Nebbia hearing is required to lift a Nebbia hold.
An experienced Florida defense attorney can schedule the Nebbia hearing quickly so that you can prove the legitimacy of your funds and get released from jail in a timely manner. In some cases, the Nebbia hold can be lifted within hours.
Contact the Law Office of Nayib Hassan, P.A. Today
If you are facing a Nebbia hearing, the skilled legal team at the Law Office of Nayib Hassan, P.A. can help. Our knowledgeable, experienced defense attorneys will aggressively defend your rights, from the Nebbia hearing, to investigation, to trial. Don’t go through this complex and stressful process without the help of skilled counsel.
The right federal criminal defense attorney can be the difference between freedom and years behind bars. Contact the Law Office of Nayib Hassan, P.A. today at (305) 403-7323 for a free and confidential case about your case.