Getting a “Nebbia” order removed, if it is a condition of your bail, is essential to your release while awaiting trial. Our lawyers know what it takes to get a Nebbia order lifted and can prioritize it so your release isn’t delayed.
To get a Nebbia order lifted, you must provide proof that the funds used to post bail came from a legitimate and legal source and not from any criminal activity. Nebbia orders are especially common in drug possession, trafficking, and manufacturing charges, as well as money laundering and other white-collar crimes. Our lawyers can file the appropriate motion to lift the Nebbia order, present bank statements and other financial records to the judge, and help ensure your prompt release on bail.
For a free case assessment from our Philadelphia criminal defense lawyers, call Kenny, Burns & McGill at (215) 774-5644.
What Is a Nebbia Order in Philadelphia?
As a criminal defendant, you may run into many new terms and phrases you’re unfamiliar with, including a Nebbia order.
Proof Required
A Nebbia order is a bail condition that requires the defendant or person posting bail, also known as the surety, to prove the bail funds came from a legitimate, legal source. It comes from a 1966 federal court ruling that held the court could ask defendants where their bail money came from.
Order Prevents Release
While an active Nebbia order remains in place, the defendant’s release on bail is delayed, even if they have already attempted to post bail, as the transaction will not go through.
How Do You Get a Nebbia Order Removed in Philadelphia?
Getting a Nebbia order removed may be your top priority so that you can be released on bail while you await trial for criminal charges.
Filing Motions
Our Bucks County, PA criminal defense lawyers can get a Nebbia order removed by filing a Motion to Lift the Nebbia Order on your behalf. We can then gather evidence showing the bail funds came from a legitimate, legal source and present it to the judge at the motion hearing.
Judge Decides Whether to Lift the Order
If the court is satisfied with the financial records our lawyers provide, it may lift the Nebbia order and allow the defendant to be released on bail.
What Evidence Do You Need to Get a Nebbia Order Removed in Philadelphia?
You can’t just ask the court to lift a Nebbia order that has been imposed in your criminal case; you need evidence that bail money didn’t come from an illegal source for the order to go away.
Evidence Needed
To get a Nebbia order removed in Philadelphia, our lawyers may use bank account statements, tax returns, other proof of income, property records, insurance policies, investment accounts, and other financial records.
What if Evidence Is Insufficient?
Without sufficient financial records showing the legal source of the bail money, a Nebbia order might not be lifted, and the defendant may remain in custody.
Who Decides Whether a Nebbia Is Removed in Philadelphia?
The judge decides whether to impose a Nebbia order as a bail condition and has the final say on whether the financial records the defendant provides are sufficient to lift the Nebbia order and allow their release.
Can the Prosecution Stop the Judge from Removing a Nebbia Order?
The prosecution does not get to decide whether a Nebbia order is removed in Philadelphia. However, the prosecution will be present at the hearing to lift the Nebbia order and may make its own arguments to the judge or challenge financial records or other evidence.
Will You Be Released Immediately After the Judge Removes a Nebbia Order?
You will not be released from custody and let out on bail the moment a Nebbia order is removed in Philadelphia, so don’t assume you can leave the courtroom with your lawyer after the hearing goes in your favor.
How Long Does it Take to Be Released After the Judge Lifts a Nebbia Order?
If you already tried to post your bond but the transaction was blocked because of an active Nebbia order, the court will accept the transaction once the Nebbia order is lifted. If you waited to post bail until the Nebbia order was satisfied, you can do so now, and the funds should be accepted.Because of processing delays, it can take several hours or even a day or more for you to be released from police custody after a Nebbia order is lifted.
Why Do Criminal Defendants Need to Know About Nebbia Orders?
You need to know whether a Nebbia order is imposed in your criminal case and whether it is a condition of your bail so you can immediately start gathering financial records showing the legitimate source of the bail funds and ensure your release.
How Does a Criminal Defendant Learn About a Nebbia Order?
The judge will tell you about a Nebbia order and other bail conditions when bail is set in your case during the preliminary arraignment. Our lawyers will also explain a Nebbia order and what financial records we may need from the surety posting your bail so the order can be lifted as soon as possible.
What Criminal Charges Are Nebbia Orders Commonly Associated with in Philadelphia?
Nebbia orders are not part of the bail conditions for all criminal charges, and judges typically impose them in specific situations.
Financial Crimes
For example, if a defendant faces charges for money launderingor other financial crimes, the judge may be more likely to impose a Nebbia order. That said, if you are charged with a financial crime, there’s no guarantee that the judge will include a Nebbia order as a bail condition.
Drug Trafficking
Because drug trafficking offenses often involve illegal funds, judges are likely to impose Nebbia orders against defendants facing charges for serious drug offenses.
High Bail Crimes
The higher the bail, the more likely the judge may be to impose a Nebbia order as a bail condition, especially if a defendant is charged with large-scale financial crimes involving illegal funds.
We Can Help You Get a Nebbia Order Removed in Philadelphia
Call the Delaware County, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 774-5644 for a free case discussion.
