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A Nebbia Order Can Prolong The Process

Some criminal cases suggest that the suspect has been involved in nefarious activities for some time and that he may well have accumulated a large sum of money by doing so.  If it can be reasonably presumed that these ill gotten gains are being used to procure the defendant’s bail a federal court may attach what is known as a “nebbia hold” to the conditions of his release.

The reasoning behind the nebbia provision considers that the defendant is less likely to remain in the jurisdiction and appear for his trial date if the stakes are not high enough.  If the funds for his freedom come from illegitimate sources the threat of loss becomes less personal.  In addition the court may consider him to be a high flight risk if he has criminal connections.

A defense attorney may be able to have the nebbia hold lifted if he can produce documentary proof that will convince the judge and the prosecutor that the defendant is using legitimate funds to pay the bond premium.  If collateral is required purchase records and mortgage payment receipts will need to be presented.

If the defense attorney fails in his initial efforts there will be a formal nebbia hearing where he will be obliged to produce more substantial evidence of the validity of the defendant’s ownership of monies and property. The defendant may be called to testify at the hearing along with any potential co-signers of the bail bond. When the court is satisfied that all assets are appropriate the bail process can proceed.

The moment you are free to post bail your BWB Bail Bonds agent will be on hand to get the system moving and get you out of jail ASAP.  There are experienced BWB representatives waiting to take your call 24/7.  Reach out for their help @ 720-358-2908.

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