Posted on Thursday February 25, 2016
When Bond is set in a criminal case (usually at the First Appearance Hearing), the Judge can place a condition on the Bond requiring the Defendant to satisfy the “Nebbia requirements.” This is commonly referred to as a “Nebbia Hold,” based on the federal case of U.S. v. Nebbia, 357 F.2d 303 (2nd Cir. 1966). A Nebbia Hold requires the Defendant to satisfy the Court that the funds being used for the Bond are from legitimate sources and not from illegal activity such as Drug Trafficking, Racketeering, Money Laundering, Theft or Fraud.
The Florida Statutes [F.S. 903.046(2)] and the Florida Rules of Criminal Procedure [Fla. R.Crim. P. 3.131(b)(3)] specifically authorize the Court to consider the source of the funds used to post Bail or procure an Appearance Bond. It is now very common for the criminal Courts throughout Central Florida, including Volusia County, Seminole County, Lake County and Flagler County, to impose Nebbia Holds in cases involving Conspiracy, Racketeering, Drug Trafficking and Fraud.
To release the Nebbia Hold, the Defense Attorney will file a Motion for a “Nebbia Hearing,” also known as a “Bail Source Hearing.” In some cases the Prosecutor may stipulate to release the Nebbia Hold. If not, it is the Defendant who has the burden of proof to persuade the Court that the funds used to post Bail and the property used as collateral for a Bond were not involved in or derived from criminal or illicit activity.
The evidence used to meet the Defendant’s burden of proof may include testimony of witnesses as well as financial records such as tax returns, bank statements, mortgage and real estate records, and business records.
If you or your loved one has been arrested or charged with a crime, you should contact an experienced criminal defense attorney as soon as possible. You can contact Attorney Richard “Jake” Jackson at (386) 738-1111 to schedule a consultation in his DeLand office or at a jail or correctional facility.