Most courts grant bail to a defendant under some condition or another. If the crime he is accused of involves fraud or the buying and selling of an illegal drug for instance, the defendant will be required to prove that the money he puts up for bail has come from a legitimate source. Certain conditions involving the arrest may be cause for suspicion. If for example the accused is found with a considerable stash of cash or drugs in his possession it may be presumed that he has been conducting “business” for some time and that any money he may have access to has come as the result of the profiting from his criminal actions. The court must be convinced that the defendant or his representative is not using ill gotten gains to buy his freedom. The procedure to determine this is called a “nebbia hearing.”
Whoever arranges for the bond in such a case becomes responsible for the burden of proof and must disclose exactly where the bail money is coming from. Witnesses may be called and documents produced at the time of the hearing in order to satisfy the judge that the funds are coming from a genuinely reliable security. This actually works to the benefit of the defendant in that he or his family member is more likely to have a direct way of providing proof that the money source is legitimate. If the responsibility was placed on the prosecution the court would have to allow time for investigation and documentation and the defendant would have to remain in custody during the process.
It is more than likely that a defendant will not have the money on hand to pay for the bond himself. Borrowing from another source is totally acceptable by the courts as long as the source can be proven to be upstanding and free from criminal association.
BWB Bail Bonds are prepared for any contingency. Don’t stay in jail an hour more than necessary, call BWB @ 720-358-2908 for help anywhere throughout the state of Colorado.