Written by attorney Jay Roger Rooth

Nebbia Hold

Nebbia Hold

The Court may impose a Nebbia Hold as a requirement prior to the release of a Defendant from jail. A Nebbia hearing is named after the case involvingU.S. v. Nebbia, 357 F.2d 303 (C.A.N.Y. 1966). Even though the Nebbia holds originated in the Federal Courts, the State Courts are also applying the Nebbia Holds though Florida Statute 903.046. The Nebbia hold requires whoever is posting the bond (defendant or any co-signers) to provide proof that the funds for posting the premium and collateral are from legitimate legal means. The purpose of the Nebbia Hold is to prevent someone from posting a bond from funds acquired by illegal means such as drug trafficking, conspiracy, fraudulent transactions, money laundering or theft. A hearing may be required in order to provide testimony as to the source of the funds. During the Nebbia hearing, the burden of proof is on the Defendant to prove the funds and/or collateral come from a legitimate source. Testimony, accounting documents, tax returns, banking records, and business records are a few things a court may consider in determining the sources of the finances are legitimate. Once the court is satisfied, either through a hearing or an agreement between the attorneys and the judge, the Court can remove the Nebbia hold and allow the Defendant to bond out of jail.

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