TAMPA HILLSBOROUGH COUNTY
Often, the State or Federal prosecutor will request a Nebbia hold be placed on the Defendant’s bond, which will require a hearing (the government’s authority to do this comes from U.S. v. Nebbia, 357 F.2d 303 (2d Cir. 1966). This often occurs in Drug Trafficking cases, Marijuana Grow House cases, and RICO cases, among others. Even though Nebbia is a federal case, it applies to Florida state courts cases, and State Attorney’s are not afraid to use this case to their advantage. Many times, the State or USA will request a Nebbia hold to keep a Defendant in jail, without an attorney, and send their investigators to try and break the Defendant down.
A Nebbia hold requires the defendant and co-signers of the bond (one’s friend or family member) to produce and disclose the source of bail/bond premium and collateral prior to the defendant’s release on bail. So if the court does place a Nebbia hold on your case, then your lawyer must demonstrate that the source of the funds for the bond does not come from an illicit source and/or illegal activities. To do so, it is helpful hire a Nebbia Hold Attorney to meet with family members or loved ones to find out how it may be possible to get the money together and show the State Attorney or Federal Prosecutor proof that the money for the Defendant’s bond comes from legitimate sources. Some examples include recent proceeds from a property sale, sufficient income from your job, and collateral such as savings, your pension, or your property.
If you plan to use a Bail Bondsman, it helps if your Nebbia Hold Attorney has good relationships with Bail Bondsman who are willing to testify that the Bond funds they have seen from the family satisfy their concerns. During the Nebbia hearing, the burden of proof is on the Defendant to prove the funds and/or collateral come from a legitimate source. Once the court is satisfied, the Court can remove the Nebbia hold and allow the Defendant to bond out of jail.