Previously, we published a piece about bail bonds that detailed what they were, who was eligible, and how to obtain one. If you need to get caught up, you can read it here. Near the end of the article, we mentioned that the money you used to pay the bond has to be sourced from legitimate funds. You can’t use money obtained from illegal activity to post a bond. For instance, if you have been charged with a crime that involves embezzling money or selling drugs, the judge may hold a Nebbia hearing. For the most part, in federal court, judges order a Nebbia requirement as a condition of posting bond. Your attorney’s job is to show that you gathered lawful funds, so the court will agree to release.
After the Court Imposes a Nebbia Condition
Although Nebbia was never contemplated to be a condition in every case, it seems to be more the norm than based upon certain types of charges. The government almost always requests a Nebbia condition. Unfortunately, this is now an additional hurdle you and your attorney must face. In addition to being eligible for bail, which the government may argue against given the crime you are accused of, and posting bail, you still have to demonstrate where the money came from.
Although this is an added challenge to your case, it is one that you can cross with the right team in place to make it happen quickly. Getting released from pretrial incarceration allows you to spend time with your family and work closely with your defense counsel before your trial begins.
Ways of Proving the Funds are Legitimate
This is something your attorney will assist you with. You never want your bail funds to be traced back to a crime, especially one you were unaware of or hadn’t been charged with. Because the money you use to post bail can come from a third party, be confident in who you choose to get it from. You will be required to demonstrate the source of the funds through documents (i.e. bank records) and, potentially, witness affidavits. Witnesses and financial records will be crucial in your case. Again, you can still post a significant amount of your bond through a bail bond agent, if necessary. Ask your attorney if they recommend one who has undergone this process before.
Speak to a Federal Defense Attorney Today
The skilled and experienced attorneys at Puglisi Caramés work closely with clients who have been charged with federal crimes. When prosecutors request detention, we are prepared to fight for a bond. Contact us to schedule your free consultation.