Miami Criminal Defense Attorney
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Nebbia Holds & Magistrate Holds

Miami Hold for Magistrate

Often times a person is prevented from bonding out because of a “Nebbia Hold,” or magistrate hold. A Nebbia Hold is to prevent someone from paying a bond using funds acquired by illegal means. Florida Courts are routinely placing these holds on cases involving drug trafficking, fraud, and conspiracy cases. It is necessary to hire a criminal defense attorney quickly to assist in satisfying the Nebbia Hold placed on the bond.

When a Nebbia Hold is placed on a bail bond the judge is legally authorized to require a criminal defendant to establish, prior to his release, that the money and/or property to be used to pay the bond are not derived from criminal activities. United States v. Nebbia, 357 F.2d 303 (2d Cir.1966). A hearing must be held pursuant to Florida Statute Section 903.046 and Florida Rules of Criminal Procedure 3.131 where the prosecutor and the Court may question the source of funds used to pay the bond premium.

You can prove the source of bond funds is legitimate by having a criminal defense attorney file a Nebbia proffer and provide representation during the Nebbia hearing. This hearing is important because if the judge is not satisfied, the judge can deny the person from posting the bail even when they have the funds to pay the bond. During this hearing, the court will consider testimony and other proof that trace such funds to lawful sources and often include banking records, tax returns, pay stubs, business accounting records, and mortgage documents. Once the court is satisfied, the Court will remove the Nebbia hold and allow the Defendant to bond out of jail.

Often times Mr. Mote can satisfy the Nebbia requirement within less than 24 hours. If you need to discuss a Nebbia Hold pending against an individual arrested in South Florida, contact the Law Office of Thomas W. Mote II, PA for a free consultation at (305) 374-6683 to discuss your case today.

Why Hire the Law Office of Thomas W. Mote II, PA

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