Judges will often place a Nebbia hold on a person suspected of drug trafficking, organized scheme to defraud, or RICO offenses. 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 pervasive in these kinds of cases. The quicker the Nebbia is satisfied, the quicker you are released from jail.
What is a Nebbia hold?
A Nebbia hold is a judicial requirement that a person proves 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 government’s position is often that the person under arrest or indictment will use illegal money to post their bond. To be released, that person has to provide evidence that legitimate proceeds pay their bond premium.
How do I satisfy a Nebbia hold?
Do I need an Attorney to satisfy a Nebbia hold?
An attorney is 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.
A skilled and experienced attorney will get all the necessary documentation to satisfy the Nebbia before 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 consulting with and hiring 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 with a Nebbia requirement, please contact Brian Kirlew, Esq. for a free consultation. You must 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 the lawyer recommends.
Heidi S. Kirlew
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
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When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
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