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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:
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:
