Are You Subject To A Nebbia Hold?

Posted on: 13 December 2022

When you are arrested and placed in jail, you usually have the option of paying a bail bond and being released within hours of your arrest. You then are allowed to remain free until the court hears your case. However, there are some cases where the court denies you the ability to post bail. This inability is because the judge has placed a Nebbia hold on your case, which prevents you from posting bail. What is a Nebbia hold, and how do you get it lifted? Here is more information.

What Is A Nebbia Hold?

Nebbia holds are court orders requiring family or friends attempting to post a bond for you to appear in court and prove the source of funds they are using to post your bond. The court can subject you to a Nebbia hold even if you are using the services of a bail bond agent to post your bail.

For example, if your bond is $100,000 and a family member or bail bonds service is willing to pay the $10,000 premium for you, they will have to provide financial records showing where this $10,000 originated. 

Nebbia holds are usually attached to cases when the courts feel that the defendant was generating large amounts of illegal money. Some of these cases may include the following:

  • Drug trafficking
  • Money laundering
  • Organized fraud

Nebbia holds are most often seen on federal charges but can be used by any judge.

How Do You Get A Nebbia Hold Released?

To get a Nebbia hold released, there must be a Nebbia hearing requested by your attorney. Whoever is posting the bond, or contracting with the bail bonds service, must appear before the judge and show the origination of the funds they are using to have you released.

Showing the origination of the funds is more complex than showing they withdrew the funds from a savings or brokerage account. The friend or family member will have to work with your attorney to put together and Nebbia packet. This packet must contain the following:

  • Months of bank statements
  • Pay stubs
  • Income tax returns
  • Business records
  • Affidavits

Once your attorney prepares this packet, the District Attorney reviews it and can then stipulate the legitimacy of the funding. Once they specify that the funding source is legitimate, they can release the hold.

The release means you are eligible for your family or bail bond service to post your bond and be released. If a Nebbia packet is not prepared and submitted to the court, you will remain in jail until the court hears your case.  

For more information about bail bonds, contact a local company.