What is a Nebbia Hold?
After you have been arrested and sent to jail, you usually have the option of posting bail or bonding out of custody on most cases. This will allow you to go home and handle the case remotely appearing in court on a monthly basis until you resolve your case. However, there are some circumstances where you are unable to post bail, even if you have the bond money or enough to cover a surety bond. In the event you are charged with a sale of drugs or drug trafficking charge in Tampa, a judge add a “Nebbia hold” to your case, which prevents you from posting bail. Contacting a skilled Tampa criminal defense attorney at Pallegar Law, P.A. can help you get the Nebbia hold lifted as soon as possible. If you have not been arrested you should not have to sit in jail.
Nebbia holds are often added in cases related to drug trafficking, money laundering, or fraud. If the court has any reason to believe the money that will be used to post bail is the result of illegal activity, a Nebbia hold may be added as a condition to bond. If you or someone you know has been charged with a crime and has had a Nebbia hold added, contact an experienced Tampa criminal defense attorney at Pallegar Law, P.A, today.The History of Nebbia Holds
Nebbia holds date all the way back to 1965, when a man named Jean Nebbia was charged with conspiring to import large amounts of narcotics. 95 kilograms of the drug were seized, making it one of the largest seizures of heroin in the United States. Nebbia’s bail was set to $100,000, and all motions to reduce this amount were denied. On December 29, 1965, Nebbia made a sworn statement saying that he did not have sufficient cash to pay the $100,000 bail. On January 28th, yet another motion for bail reduction was denied. Shortly after, Nebbia’s attorney provided a $100,000 cashier’s check issued by the Chase Manhattan Bank.
Despite posting the correct bail amount, the court was suspicious of the sudden appearance of funds. However, the district court denied attempts to look into the origin of the funds. Then the government stepped in, after the district court allowed them to seek a review, and found the court to be in error.
Because of this 1965 case, the government is authorized to inquire into any or all of the funds used to post bail. In a similar way, section 903.046(2) of the Florida Statutes authorizes the court to consider the source of funds used to post bail or purchase a bond, and look into whether or not the funds are linked to any criminal or illicit activity.Removing Nebbia Holds
Your experienced Tampa criminal defense attorney can help you get your Nebbia hold lifted as soon as possible. A Nebbia hearing may be necessary, in which the source of any funds used for bail or bonds is fully disclosed to the court. Evidence can be presented in the form of bank or income statements, mortgage information, or other records. Bond co-signers, such as friends and family, can also be asked to testify regarding the source of the funds. A hearing is not always necessary, but evidence of legitimate funds is always necessary. In many instances, if a Nebbia hold is placed on an inmate your Tampa Criminal Defense Attorney can present documentation to the State Attorney so that they will stipulate to waive the Nebbia hold thereby avoiding the need for an actual hearing.Call Pallegar Law, P.A. Today
If you have been charged with a crime and a Nebbia hold has been added to your case, contact a knowledgeable and experienced Tampa criminal defense attorney at Pallegar Law, P.A. We can get your Nebbia hold lifted and you home to your family while we formulate a defense for your case. Call Pallegar Law, P.A. today at 813-444-3912.