Bond & Nebbia Hearings: Getting Out After an Arrest in Miami

The first few days after an arrest move fast. What happens at bond court, and how well the family is prepared, can decide whether a person goes home to their job and children or waits in jail for weeks.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day, and we can start working on release right away.

First Appearance: Bond Court

After an arrest in Miami-Dade, the person usually sees a judge at a first appearance hearing, often called bond court. It is quick. The judge looks at the arrest paperwork, decides whether there is probable cause, and sets the terms of release.

Having a lawyer there matters. In a few minutes, the judge decides how much bond to set and which conditions to attach. A lawyer who has the facts ready (job, family, how long the person has lived here, medical needs) can make the difference.

Bond Schedule vs. a Judge-Set Bond

Florida still has a bond schedule. The Florida Supreme Court adopts a uniform statewide bond schedule every year, and Miami-Dade's chief judge has adopted it by administrative order. It sets a bond amount by the level of the charge. When the charge is one the schedule covers, the jail can release the person on the scheduled bond before first appearance, without waiting to see a judge.

Many people cannot use the schedule. Florida law says a person may not be released before first appearance, and a judge must decide bond, if any, when:

• The charge is a capital, life, first-degree, or second-degree felony, or another crime on the statute's list. The list includes domestic violence, felony battery, stalking, robbery, burglary, carjacking, resisting an officer with violence, drug trafficking, and certain gun and sex offenses.
• The person was on pretrial release, probation, or community control when arrested for a felony.
• The arrest is for violating a protective injunction.
• The person is a registered sexual offender or predator, was arrested three or more times in the past 6 months, or has certain prior sentences.

The schedule does not bind the judge. At first appearance, the judge sets the bond. Florida law tells judges what to consider, including:

• The nature of the charge and the weight of the evidence.
• Family ties, how long the person has lived in the community, immigration status, work history, finances, and mental condition.
• Past record, including any history of missing court.
• Any danger to the community or to an alleged victim.
• The source of the money used to post bond.

That last factor is where Nebbia holds come from.

Pretrial Release Conditions

Release is almost never just "pay and go." Every person on pretrial release must stay out of trouble and follow every condition the judge sets. Common conditions include:

• No contact with the alleged victim or certain witnesses (in Florida, a no-contact order can also bar coming within 500 feet of that person's home, car, or workplace).
• House arrest or GPS monitoring.
• Pretrial services check-ins.
• Keeping or looking for a job.
• Surrendering a passport or staying in the area.

Florida law creates a presumption in favor of release on nonmonetary conditions for many people, but not for those charged with what the law calls a "dangerous crime." Violating any condition can lead to re-arrest and loss of bond.

Arthur Hearings and Pretrial Detention, in Brief

For some of the most serious charges, the State can ask the judge to hold a person with no bond at all. In Florida, this happens two main ways:

• An Arthur hearing — the Florida Constitution says everyone is entitled to pretrial release on reasonable conditions, unless charged with a capital offense or one punishable by life where the proof of guilt is evident or the presumption is great. An Arthur hearing is where the defense asks for bond on those charges and that question gets fought out.
• A pretrial detention motion — the State asks the judge to detain the person as a danger or flight risk. Under Florida's detention statute, when that motion is required, the hearing must be held within 5 days after first appearance (or within 5 days of the State's filing, when the State files on its own).

These hearings are real evidentiary fights. Preparation, witnesses, and documents matter.

What Is a Nebbia Hold?

A Nebbia hold (also called a source-of-funds hold) means the judge has set a bond but won't let the person out until someone proves the bond money is clean.

Florida law lets the judge look at "the source of funds used to post bail or procure an appearance bond." The statute puts the burden on the defendant or the person posting the money to show that the money, property, collateral, or bond premium did not come from the crime charged or any other illegal activity.

Lawyers call this a Nebbia hold, named after an old court decision. Families often find out about it only when they show up at the bondsman's office and are told the person can't be released yet.

Why Nebbia Holds Hit Fraud and Drug Cases

Prosecutors ask for Nebbia holds most often in cases about money:

• Fraud and financial crimes — insurance fraud, health care fraud, identity theft, organized scheme to defraud. See Fraud & Financial Crimes Defense.
• Drug trafficking — Florida law specifically tells judges to consider the street value of the drugs involved, and to watch for bond money that comes from the drug business itself.
• Money laundering and theft cases.

The State's concern is simple: they don't want bond paid with the money they say was stolen or earned illegally. Our job is to show the court, with paper, that it wasn't.

Documents That Prove Clean Money

A Nebbia hearing is won with documents, organized and traced. The person paying the bond premium or putting up collateral (usually a family member) should start gathering:

• Pay stubs for the last several months.
• Tax returns (with W-2s or 1099s) for the last two to three years.
• Bank statements showing the money building up over time, not appearing all at once.
• Collateral paperwork — deed, mortgage statement, car title, and proof of ownership for anything pledged.
• Proof of any loan, gift, or sale used to raise the money (loan papers, sale receipts, a signed letter from the person who gave it).
• The bondsman's paperwork — the premium receipt, the indemnity agreement, and the bail agent's file.

The key is a clear trail: where the money came from, where it sat, and how it got to the bondsman. Cash with no paper trail is the hardest kind of money to clear. Never move, split up, or disguise money to "make it look better" — that creates serious new legal problems. Just bring the real records and let us build the package.

The Nebbia Hearing Itself

At the hearing, the defense presents the source-of-funds evidence. Usually that means:

• Testimony from the indemnitor (the family member paying), and sometimes the bail agent.
• The documents above, organized so the judge can follow the money in minutes.
• Questions from the prosecutor about anything that looks unusual.

Often, if the package is strong, the prosecutor reviews it and agrees the hold is satisfied, and no contested hearing is needed. That is always our first goal.

How Long Does It Take?

It depends on how fast the family can gather documents and how quickly a hearing can be set. A well-organized package can move things in days. A disorganized one can drag on for weeks while the person waits in jail. That is why we start building the package as soon as the hold is set, or before, when we can see one coming.

Federal Detention Hearings, in Brief

In federal court (the Southern District of Florida), release is governed by the Bail Reform Act. If the government asks to detain someone, the hearing is held at first appearance unless someone asks for a continuance; generally the defense can ask for up to five days and the government up to three (not counting weekends and holidays). In some drug and serious cases, the law presumes no conditions will work, and the defense must come forward with evidence to rebut that presumption. Federal judges can also look into the source of property offered to secure a bond.

How Family Can Help Right Now

1. Call us first — before paying anyone or talking to anyone about the case.
2. Don't discuss the case on jail phones or video visits. Those calls are recorded.
3. Gather the documents listed above, for whoever will be paying or pledging property.
4. Write down the basics: the person's job, employer contact, how long they've lived in Miami, family here, medical conditions, and any travel documents.
5. Pick one point person in the family to keep in touch with our office.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor who knows what the State looks for at bond court.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

My relative's bond was set but they still can't get out. Why?

There may be a Nebbia (source-of-funds) hold, an immigration detainer, or a hold from another case. We can find out which and what it will take to clear it.

Who has to prove where the money came from?

Under Florida law, the burden is on the defendant or the person offering the money or property.

Can we use cash we've saved at home?

Cash is the hardest to prove. It may still be possible with supporting records, but talk to us before using it.

Can a bond amount be lowered after first appearance?

Yes. A lawyer can file a motion to reduce or modify bond and ask for a hearing.

Does a Nebbia hold mean the judge thinks my family member is guilty?

No. It's about the money used for bond, not a finding of guilt.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.