What Are Nebbia Holds?
If you ever want to distract your elders from giving you unsolicited advice, ask them about the old days and how much simpler life was, specifically, how much less everything cost, and the stories will flow. In the 80s, a box of Lemon Head candies cost 25 cents at any gas station, and a McDonald’s hamburger cost only a few cents more. If you were buying a used car and you placed a down payment, your monthly installment payments might be as little as $100 per month. It’s fun to reminisce about the small change, to contemplate the quarter in the palm of your hand and think about the tooth-rotting feast you could buy with it a generation or two ago, but it is downright depressing to think about the relative purchasing power of larger amounts of money. Today, $100 does not even buy enough groceries to provide balanced meals for a family of four for a week; it does not even come close. If you have $100,000 in the bank, you may or may not be able to place a down payment on your house and qualify for a mortgage, but the point is probably moot; only the wealthiest people have $100,000, and you are probably not one of them. Therefore, when the courts post enormous bail amounts, they either think that you are rich or that you are destined to stay in jail until your trial. What if you post your six-figure bail amount, despite ostensibly being a member of the 99 percent? Here, our Miami criminal defense lawyer explains how Nebbia holds can make the process of getting released on bail while your case is pending more complicated.
The United States v. Nebbia Decision
Nebbia holds take their name from the Supreme Court decision United States v. Nebbia. Jean Nebbia was arrested on suspicion of drug trafficking, and the court asked him to post $100,000 in bail. In 1966, the year the decision was issued, $100,000 was the equivalent of $973,160 in 2024 money, in other words, nearly $1 million. Nebbia originally said that he could not afford that much money, but later he posted bail. A dispute ensued about the extent to which the court has the right to look into the source of the bail money, as opposed to releasing you outright without any questions. The Supreme Court ruled that it is permissible for the court to investigate the source of the funds that defendants use to post bail. The court reasoned that, if the defendant could easily get that much money through illegal means, he would not have an incentive to return to court, since he could fund his lifestyle while on the run.
How Do Nebbia Holds Begin?
The specifics of Nebbia holds vary depending on whether your case is in federal or state court, but the process is generally the same. The court cannot impose a Nebbia hold arbitrarily, taking your bail money and then saying, “But wait, don’t go yet.” The Nebbia hold must be there from the beginning of your case or not at all. One option is for the arresting officer to list a Nebbia hold request on the original police report. Another option is for the prosecution to request a Nebbia hold when they file charges. If the court is the one initiating the Nebbia hold, it can do it at the first court appearance or as a provision on the arrest warrant. After this, you must not only post bail before you can go free, but you must also prove that you obtained the funds legally.
How Do You Remove a Nebbia Hold?
Removing a Nebbia hold begins with your criminal defense lawyer filing a motion to remove it. Your lawyer can then submit a proffer, which is a statement showing the source of the funds you intend to use to post bail. Instead of or addition to a proffer, there can be a Nebbia hold hearing. You may testify at your own Nebbia hold hearing to show how you got your bail money. If you borrowed the money from a friend or family member, it may or may not be necessary for the person who lent you the money to testify. If you are posting bail with a bail bond, then it may be necessary for an employee of the bail bond company to testify.
Contact Our Criminal Defense Attorneys
A South Florida criminal defense lawyer can help you if the court has set your bail amount high. Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.
Source:
law.justia.com/cases/federal/appellate-courts/F2/357/303/38529/
