Judges will often place a Nebbia hold on a person suspected of drug trafficking, organized scheme to defraud or RICO offenses. In order for that person to be released from jail pending trial, the Nebbia hold must be satisfied. A Nebbia hold can sometimes delay a person’s release from jail for weeks. It’s important to get a lawyer knowledgeable in Nebbia holds when under investigation or arrest for any drug trafficking, fraud or RICO case. A Nebbia hold is very common in these kinds of cases. The quicker the Nebbia is satisfied, the quicker you are released from jail.
A Nebbia hold is a judicial requirement that a person prove that the money they are using to satisfy their bond premium is clean and not the fruits of ill-gotten gains. In prosecutions of drug trafficking, fraud or RICO charges, the position of the government is often that the person under arrest or indictment will use illegal money to post their bond. In order to be released, that person has to provide evidence that their bond premium is paid by legitimate proceeds.
A Nebbia hold is satisfied when a Nebbia packet is submitted on behalf of the Defendant to the prosecutor and the judge. The Nebbia packet must contain certain evidence, bank records and other materials necessary to meet the legal requirement of satisfaction. The money must be “clean”. An experienced attorney and bondsman know what evidence must be included in the Nebbia packet.
An attorney is absolutely necessary for the satisfaction of a Nebbia hold. Apart from the fact that you will need an experienced attorney to represent you against the charges that led to the Nebbia hold in the first place, the satisfaction of bond is the first step that any criminal defendant experiences in the court system. Once the evidence is gathered, only an attorney can submit this documentation to the prosecutor and the judge on behalf of the defendant.
An attorney that is skilled and experienced will get all the necessary documentation to satisfy the Nebbia prior to arrest or surrender. The Nebbia should certainly be satisfied within the first 24-48 hours of arrest. Any bondsman that claims they can do it without an attorney is lying. The bondsmen must utilize an attorney as well. The only reason bondsmen claim you don’t need a lawyer is because they have a lawyer on their payroll that they want to send your case to. This behavior is unethical and prevents the accused from being able to consult with and hire an attorney they feel comfortable with and trust.
If you or someone close to you is suspected of, arrested or charged with any law violation that has a Nebbia requirement, please contact Brian Kirlew, Esq. for a free consultation. It’s important that you get solid and honest advice from a lawyer that will have your best interest at heart. Do not trust bondsmen who show up at the jail or cold call your cell phone seeking business. These individuals are no different than loan sharks and will take advantage of people at their most vulnerable moments. Talk to a lawyer first, and if you trust that lawyer, utilize the bondman that lawyer recommends.
t’s important that you contact Brian Kirlew, Esq. at 305-521-0484 immediately.