Understanding Nebbia Holds In Florida - Aaron Delgado & Associates

Understanding Nebbia Holds In the State of Florida

by Aaron Delgado
10/01/15 (Updated: 08/24/21)

A Nebbia hold may be placed on people’s bonds to ensure that the funds used for their release were not obtained through illegal activities or profits.

After an arrest, people in Daytona are often released on bail or bond while awaiting their trials. In order to allow such releases, they must pay a set amount, or put up property as collateral. These funds are meant to guarantee that the person released will appear in court on the designated date. Sometimes, the court will include a Nebbia hold on the bond, which may prevent their immediate release.

According to a report by Naples Daily News, two men were arrested and charged with trafficking large amounts of cocaine. Each of their bonds was set at $500,000. Before they could be released, the circuit judge required a Nebbia hearing. During the proceedings, it was determined that the funds were not earned through their alleged drug activity. It was shown that family members of the men had put up the funds and they were ultimately released on bond.

What is a Nebbia hold?

A Nebbia hold is a condition that may be placed on a person's bond. It requires those posting the bond to divulge the source of the collateral or funds being put up, according to the Florida Department of Financial Services. Courts commonly add this condition to the bonds of those accused of drug trafficking and other drug crimes. However, Nebbia holds may also be imposed on bonds set for people charged with other criminal offenses.

Nebbia holds originated in the federal court system, but are also authorized in Florida state courts. State law allows the court to question facts relating to the assurance that a person will appear in court after a bond release. This includes inquiring where the funds used to post bail came from. Additionally, Florida's Rule of Criminal Procedure requires the court to decide whether a person should be released on bail, and under what conditions. The source of bail funds is one of the many factors that courts must consider when making such decisions.

How can a Nebbia hold be lifted?

In order to lift a Nebbia hold, a Nebbia hearing must be held. Also known as bail source hearings, evidence is presented during these proceedings to show that the funds used to pay for a bond were obtained from legitimate sources. This may include providing records that trace bail source funds, such as copies of bank records, income statements, real estate property records, mortgage information and other financial records. In some cases, the person or people posting the bond may also be asked to testify regarding the funds or collateral.

Standing accused of drug crimes, and other criminal offenses, can be trying enough for people in Florida. When the court refuses to release a person until after a Nebbia hearing, the process can be all the more challenging. As such, those facing serious criminal charges may find it of benefit to obtain legal representation. An attorney may help ensure their rights are upheld, as well as guide them through the legal process.

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