Overcome Nebbia Holds with Miami Criminal Defense Attorney Dennis Gonzalez Jr.
Navigating Nebbia Holds with Miami Criminal Defense Attorney Dennis Gonzalez Jr.
In state court, judges at first appearances may impose a condition known as a "Nebbia Hold" on a defendant's bond. Also referred to as the "Nebia Hold," "Nebbia Requirement," or "Bail Source Hearing," this hold permits the court to investigate the source of funds used to post the bond. Unfortunately, a Nebbia Hold can delay a defendant's release from custody. However, by hiring Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384, you can ensure that the Nebbia Hold does not hinder your release.
Dennis Gonzalez Jr. has extensive experience litigating Nebbia issues. He is dedicated to safeguarding your rights and guiding you throughout the process.
Dennis Gonzalez Jr. has extensive experience litigating Nebbia issues. He is dedicated to safeguarding your rights and guiding you throughout the process.
Understanding Nebbia Holds and what it means.
The case Casiano v. State, 241 So. 3d 219 (Fla. 2d DCA 2018), highlights the growing prevalence of Nebbia Holds in first appearance hearings. The court recognizes that, under Art. I, § 14 of the Florida Constitution, it lacks the authority to detain an individual accused of a crime to inquire about the source of funds used to post bail unless the state files a motion for pre-trial detention. Furthermore, such inquiries aim to determine the sufficiency of the bail set to secure the defendant's appearance, rather than denying them pretrial release.
Miami Criminal Defense Attorney Dennis Gonzalez Jr. can swiftly object if the State Attorney's Office does not file the appropriate motion for pretrial detention under the rules of criminal procedure. Should the court detain the accused based on Nebbia, Dennis Gonzalez Jr. will file a petition for a writ of habeas corpus, which is often resolved within days on an emergency basis.
In many cases, both the defendant and the bond's co-signers (friends or family members) are required to disclose the source of bail premium and collateral before the defendant's release. Typically, a letter from the bail bond company explaining the source of funds and the readiness to post the full amount suffices when a bail bond company is involved.
If the state does not immediately accept a stipulation, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will file the necessary motion to lift the Nebbia Hold and schedule a hearing. The bail bond company's agent usually attends court with the letter and is prepared to testify at the hearing.
The Nebbia Hold is based on the decision in U.S. v. Nebbia, 357 F.2d 303 (2d Cir. 1966), which permits the court to inquire into the source of funds used to post bail. Both Florida statute and rule authorize similar types of hearings. The trial court must determine whether the defendant should be released on bail or other conditions and what those conditions may be under Florida Rule of Criminal Procedure 3.130(d) and 3.131.
Miami Criminal Defense Attorney Dennis Gonzalez Jr. can swiftly object if the State Attorney's Office does not file the appropriate motion for pretrial detention under the rules of criminal procedure. Should the court detain the accused based on Nebbia, Dennis Gonzalez Jr. will file a petition for a writ of habeas corpus, which is often resolved within days on an emergency basis.
In many cases, both the defendant and the bond's co-signers (friends or family members) are required to disclose the source of bail premium and collateral before the defendant's release. Typically, a letter from the bail bond company explaining the source of funds and the readiness to post the full amount suffices when a bail bond company is involved.
If the state does not immediately accept a stipulation, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will file the necessary motion to lift the Nebbia Hold and schedule a hearing. The bail bond company's agent usually attends court with the letter and is prepared to testify at the hearing.
The Nebbia Hold is based on the decision in U.S. v. Nebbia, 357 F.2d 303 (2d Cir. 1966), which permits the court to inquire into the source of funds used to post bail. Both Florida statute and rule authorize similar types of hearings. The trial court must determine whether the defendant should be released on bail or other conditions and what those conditions may be under Florida Rule of Criminal Procedure 3.130(d) and 3.131.
During a Nebbia Hearing, the defendant must demonstrate that the bail premium and collateral sources are legitimate and not linked to illegal activities or crime profits, such as drug trafficking, money laundering, theft, or fraud.
To lift a Nebbia Hold, Miami Criminal Defense Attorney Dennis Gonzalez Jr. can promptly schedule a Nebbia Hearing. If the prosecutor agrees to the motion and proposed order, the Nebbia Hold can often be lifted within hours. If the prosecutor refuses, Dennis Gonzalez Jr. will schedule an emergency Nebbia Hearing with the judge.
An experienced criminal defense attorney like Dennis Gonzalez Jr. can help you present the necessary documents to the prosecutor and the court to lift a Nebbia Hold. If done correctly, the prosecutor might agree to lift the hold without a hearing, and the court can then grant permission for the stipulation. In such cases, a joint stipulation order can be filed. If the prosecutor does not agree, a hearing will be held, during which Dennis Gonzalez Jr. will present evidence, including documents and testimony, to prove the legitimacy of the funds' source.
Don't risk your future—contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 to set up a free consultation and protect your rights today.
An experienced criminal defense attorney like Dennis Gonzalez Jr. can help you present the necessary documents to the prosecutor and the court to lift a Nebbia Hold. If done correctly, the prosecutor might agree to lift the hold without a hearing, and the court can then grant permission for the stipulation. In such cases, a joint stipulation order can be filed. If the prosecutor does not agree, a hearing will be held, during which Dennis Gonzalez Jr. will present evidence, including documents and testimony, to prove the legitimacy of the funds' source.
Don't risk your future—contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 to set up a free consultation and protect your rights today.
Miami Criminal Defense Attorney Dennis Gonzalez Jr. can help with your Nebbia Hold
Having an experienced criminal defense attorney like Dennis Gonzalez Jr. ensures:
A Nebbia Hold should not be used by the State Attorney's Office or the Court to detain someone who has already posted bond. By hiring Miami Criminal Defense Attorney Dennis Gonzalez Jr., you can avoid being detained based on a Nebbia Hold. He can help you raise the proper objections at first appearance, file a petition for a writ of habeas corpus if the court violates the rules, file a Nebbia Proffer and Notice of Hearing, or secure a stipulation from the prosecutor.
If the funds for the bond premium or collateral have been borrowed, there is nothing wrong as long as the loan will be repaid with legitimate funds. In most cases, friends or family of the defendant will not have to testify. An experienced criminal defense attorney like Dennis Gonzalez Jr., well-versed in Nebbia requirements, can streamline this process, prevent unnecessary delays, and ensure that the bail bondsman is the only person testifying about the source of funds.
The term "Nebbia" is derived from U.S. v. Nebbia, 357 F.2d 303 (2d Cir. 1966), a federal case. In state court, the term refers to the source of funds inquiry mentioned in rule 3.131(b)(3) and section 903.406(2)(f). The inquiry is conducted under Florida law, not under the authority of Nebbia or any separate federal statute.
If you are facing a Nebbia Hold in Miami Dade County, Florida, contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 for a free consultation to discuss your case. He can help you understand the charges against you, the best way to request a reduction in bond amount, and the most effective method for lifting the Nebbia Hold without delay.
- Fastest way to deal with a Nebbia Hold
- The ability to challenge the prosecution's case
- Experienced Nebbia Litigator
A Nebbia Hold should not be used by the State Attorney's Office or the Court to detain someone who has already posted bond. By hiring Miami Criminal Defense Attorney Dennis Gonzalez Jr., you can avoid being detained based on a Nebbia Hold. He can help you raise the proper objections at first appearance, file a petition for a writ of habeas corpus if the court violates the rules, file a Nebbia Proffer and Notice of Hearing, or secure a stipulation from the prosecutor.
If the funds for the bond premium or collateral have been borrowed, there is nothing wrong as long as the loan will be repaid with legitimate funds. In most cases, friends or family of the defendant will not have to testify. An experienced criminal defense attorney like Dennis Gonzalez Jr., well-versed in Nebbia requirements, can streamline this process, prevent unnecessary delays, and ensure that the bail bondsman is the only person testifying about the source of funds.
The term "Nebbia" is derived from U.S. v. Nebbia, 357 F.2d 303 (2d Cir. 1966), a federal case. In state court, the term refers to the source of funds inquiry mentioned in rule 3.131(b)(3) and section 903.406(2)(f). The inquiry is conducted under Florida law, not under the authority of Nebbia or any separate federal statute.
If you are facing a Nebbia Hold in Miami Dade County, Florida, contact Miami Criminal Defense Attorney Dennis Gonzalez Jr. at (305) 209-0384 for a free consultation to discuss your case. He can help you understand the charges against you, the best way to request a reduction in bond amount, and the most effective method for lifting the Nebbia Hold without delay.
Dennis Gonzalez Jr.'s law firm is a top-tier criminal defense practice serving clients in Miami, Fort Lauderdale, West Palm Beach, and throughout Florida. Possessing the knowledge, skills, and resources necessary for successfully handling all types of crimes, Miami Criminal Defense Attorney Dennis Gonzalez Jr. will work relentlessly to protect your rights when you're in legal trouble.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |