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How To Satisfy A Nebbia Requirement In A Trafficking Case

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In Miami-Dade and Broward, many first appearance judges will impose Nebbia requirements in drug trafficking cases.

A Nebbia requirement, also called a Nebbia hold, is a condition of bond imposed by a judge. What it means is that before you can a bond, you must be able to source the money used to pay the bond premium or even the whole bond itself.

Whether cash bond (you pay the whole thing yourself) or bail bond (you pay a ten-percent fee to a surety agent who puts up the rest of the money for you), the jail WILL NOT release you unless a judge signs an order stating that the funds used to pay either the bond in full or the ten-percent premium have been appropriately sourced.

What does this mean?

The prevailing logic is that bond money should not come from the proceeds of drug trafficking. For this reason, you cannot simply have a bondsman post a bond when a Nebbia hold is in place. You must provide a packet to the court that shows where the bond money is coming from.

For example, if you are charged with Trafficking In Cocaine and your bond is $50,000, your premium is $5,000 to a bondsman. If you elect to pay a cash bond, you must pay $50,000.

In either situation, if a Nebbia hold is in place, your criminal attorney must prepare a packet that sufficiently proves that the funds used toward the bond are "clean."

This can be done by showing bank statements, credit card statements (if a card is used for the premium), pay stubs, etc...Cash and cash deposits are typically not considered to be verifiable. If you use cash towards a bond payment or cash deposits, affidavits from those who provided the cash may be required.

The prosecutor can stipulate to the Nebbia packet, meaning that they have reviewed the documents and agree that the funds used have not come from illicit activities. The prosecutor can also refuse to stipulate to a Nebbia packet, which means that a hearing must be held in front of the judge.

While all of this is pending, the accused will remain in custody even if you have the money to post the bond.

In nearly all trafficking cases and even some possession with intent to sell cases, expect a Nebbia hold.

When a loved one is arrested in Miami-Dade or Broward on charges of trafficking - regardless of the substance - they are facing considerably mandatory prison sentences. Contact an experienced Miami trafficking lawyer or Broward trafficking lawyer to discuss options, including how to satisfy the Nebbia requirement so that your loved one can be released from jail.