2010.05.07 Ronald Cummings Bond Reduction & Nebbia Hearing Canceled!

[LiveLaughLuv]

Nebbia Bond Hearings
Florida Nebbia Bond Hearing Attorney

In Federal and State Court, the Court can add a condition on the bond known as a Nebbia Hold, Nebia Hold, Nebbia requirement, or Bail Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond (his friend or family member) to produce and disclose the source of bail premium and collateral prior to the defendant's release on bail. The defendant must show that the source of the bail premium and collateral are from a legitimate source and were not acquired through illegal activities, or from the profits of a crime such as drug trafficking, money laundering, theft or fraud. The courts in counties throughout Florida, including Hillsborough, Pinellas, Polk, Pasco, Manatee, and Sarasota County are now routinely imposing "Nebia holds" in drug trafficking, fraud and conspiracy cases

Why is it called a Nebbia Hearing or a "Nebia Hold"?

In United States v. Nebbia, 357 F.2d 303 (2d Cir. 1966), the court held that when a defendant posted $100,000.00 bail in cash, the trial court was permitted to ask questions about the source of the funds. The rationale behind the decision was that if the defendant had acquired the $100,000.00 through illegal activities such as trafficking drugs, fraud or theft, then the funds would create little incentive to return to court.

The Nebbia decision applies to Federal Cases, however, the Florida State Courts have interpreted Florida Statutes and the Florida Rules of Criminal Procedure, specifically Section 903.046(2), and Rule 3.131(b) to authorize a court to question the source of funds used to post bail before release. A motion for this hold can be requested by the prosecutor or arresting officer, or set by the court at first appearance court.
http://www.criminaldefenseattorneyt...gencyBondHearings/NebbiaBailBondHearings.aspx

I never heard of this Nebbia Hearing...so I had to look it up..

Was LP putting up RC's bond??

Since RC cancelled, does he not want out??? Or were there stipulations required of him, if LP were bonding him out...

I'm confused, as usual for not keeping up...:waitasec:

 

[lonetraveler]

Nebbia Bond Hearings
Florida Nebbia Bond Hearing Attorney

In Federal and State Court, the Court can add a condition on the bond known as a Nebbia Hold, Nebia Hold, Nebbia requirement, or Bail Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond (his friend or family member) to produce and disclose the source of bail premium and collateral prior to the defendant's release on bail. The defendant must show that the source of the bail premium and collateral are from a legitimate source and were not acquired through illegal activities, or from the profits of a crime such as drug trafficking, money laundering, theft or fraud. The courts in counties throughout Florida, including Hillsborough, Pinellas, Polk, Pasco, Manatee, and Sarasota County are now routinely imposing "Nebia holds" in drug trafficking, fraud and conspiracy cases

Why is it called a Nebbia Hearing or a "Nebia Hold"?

In United States v. Nebbia, 357 F.2d 303 (2d Cir. 1966), the court held that when a defendant posted $100,000.00 bail in cash, the trial court was permitted to ask questions about the source of the funds. The rationale behind the decision was that if the defendant had acquired the $100,000.00 through illegal activities such as trafficking drugs, fraud or theft, then the funds would create little incentive to return to court.

The Nebbia decision applies to Federal Cases, however, the Florida State Courts have interpreted Florida Statutes and the Florida Rules of Criminal Procedure, specifically Section 903.046(2), and Rule 3.131(b) to authorize a court to question the source of funds used to post bail before release. A motion for this hold can be requested by the prosecutor or arresting officer, or set by the court at first appearance court.
http://www.criminaldefenseattorneyt...gencyBondHearings/NebbiaBailBondHearings.aspx

I never heard of this Nebbia Hearing...so I had to look it up..

Was LP putting up RC's bond??

Since RC cancelled, does he not want out??? Or were there stipulations required of him, if LP were bonding him out...

I'm confused, as usual for not keeping up...:waitasec:

This isn't Ron C. thread, but I'm curious; Is it for real that RC canceled the hearing himself? I thought that the SA had canceled it.

 

[Pensfan]

It is highly likely that his attorney can’t identify resources to post for bail. If LP rescinded his offer and nobody else will put up their cars, motor homes, houses, or real estate, RC is staying in jail. If the court accepted oxycodones, benzos, and stolen guns, there would be a chance for him.

My humble advice to Joe is to ruuuuuuuuun....just in case.

 

[Kimster]

This thread was closed due to the hearing being canceled. I found a couple of questions on other threads and haven't opened it for that discussion.