Criminal defendants have a right to a bail hearing, but bail does not turn out the same for everyone. In especially serious cases, prosecutors can request that a Nebbia order be attached to bail. If this happens, paying for bail may be more complicated.
A Nebbia order requires that defendants prove where the money they plan to use for bail comes from. A Nebbia order is often imposed in serious cases where prosecutors believe a defendant has access to large amounts of cash earned from criminal activity. They are common in cases involving large-scale drug trafficking, white-collar crimes, major fraud, and other similar offenses.
Call our Philadelphia, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 774-5644 for a free, private legal review.
What is the Purpose of a Nebbia Order?
A Nebbia order prevents defendants from paying for bail with money earned from criminal activities. Prosecutors may request the order if they believe a defendant has earned a large amount of money from their alleged crimes. The order is attached to bail. Even after bail is posted, the defendant cannot be released until they can prove the source of their funds in a hearing.
What Kind of Cases Usually Involve Nebbia Orders?
Nebbia orders often come up in cases where defendants earn illicit funds, including drug dealing, gang-related activities, money laundering, and similar crimes.
Nebbia orders are usually requested only in especially serious felonies involving large sums of cash. Average offenses, even those where money may be earned illegally, usually do not involve Nebbia orders.
Why Do Prosecutors Request Nebbia Orders?
Prosecutors usually request Nebbia orders if they believe a defendant can pay for bail with money earned from criminal activity. More specifically, these orders usually come up in cases involving especially large amounts of cash connected to serious felonies.
Prosecutors also sometimes request Nebbia orders to keep defendants locked up, even if they are otherwise eligible for bail.
Who Decides Whether a Nebbia Order Should Be Imposed?
Prosecutors can request a Nebbia order, but they do not have the final say. The judge ultimately decides whether to impose the order. If prosecutors cannot convince the judge that a defendant can likely pay for bail with ill-gotten funds, the order should not be imposed.
How Can a Defendant Verify Their Bail Money Under a Nebbia Order?
Defendants have the burden of proving that the money they will use to pay for bail does not come from illegal activities. We may use various pieces of evidence to verify your funds, including, but not limited to…
- Testimony
- Bank statements
- Financial records
- Employment records.
Can You Be Released After Paying Bail if a Nebbia Order is in Place?
No. Even if you pay all money required, you cannot be released until the judge is satisfied that the money used to post bail is not from criminal activity. The judge will decide whether to lift the Nebbia order at a formal hearing.
What if Someone Other Than the Defendant Pays Bail?
If a Nebbia order is in place, defendants must prove the funds are legitimate and not earned from criminal activity no matter who actually pays.
If a surety (e.g., a family member or a bail bond agent) pays for bail, the surety may have to testify at a Nebbia hearing. If the money is borrowed, the defendant must show they can repay it with money or collateral not derived from criminal activity.
Can You Have a Nebbia Order Lifted?
Once the order is attached to bail, our Bucks County, PA criminal defense lawyers can file a motion to schedule a Nebbia hearing. At the hearing, we can present evidence that the money being used to pay for bail is legitimate. If the judge accepts our evidence, they may deem the order satisfied, and bail proceedings can move forward.
Orders are not typically lifted or removed without being satisfied.
What Happens if You Cannot Prove the Source of Your Bail Funds?
If a Nebbia order is in place, you cannot be released on bail if you cannot prove the source of your funds. Even if you can afford bail, you will not be granted pretrial release. This is often the goal of prosecutors who want to keep defendants in jail while their criminal cases are pending.
Can You Prevent a Nebbia Order from Being Imposed?
Maybe. Are the prosecutor’s reasons for requesting a Nebbia order unfounded? Maybe there is no way that you could have earned a significant sum of money from the crimes with which you are charged.
Even if you could have earned a large amount of money from criminal activity, you might also have a lot of money that is clearly legitimate, making a Nebbia order unnecessary or pointless.
Can You Get Bail Reduced Under a Nebbia Order?
Yes. It is common for criminal defendants to file motions to reduce bail at the same time they file motions to lift a Nebbia order. In other words, we can lift the order and make it so your bail is less expensive in one fell swoop.
Are Nebbia Orders Imposed for Minor Offenses?
Minor or moderate criminal offenses usually do not involve Nebbia orders during bail. Courts often impose these orders in more severe cases where a defendant is believed to have earned a large amount of money through criminal activity. Things like major drug trafficking crimes, white-collar crimes, major fraud, and other similarly serious charges are more likely to involve Nebbia orders.
Will a Nebbia Order Delay Your Pretrial Release?
While having a Nebbia order can be relatively simple as long as we have strong evidence of where your bail funds come from, it can take time. Depending on the court’s schedule, you might be in jail for several days or even weeks until a Nebbia hearing.
Do You Need an Attorney to Lift a Nebbia Order?
Without a lawyer, it would be incredibly difficult to file the paperwork needed to schedule a Nebbia hearing and have the order lifted. Remember, the defendant is in jail during this time. While you can represent yourself and schedule a Nebbia hearing from jail, it will likely take much longer, and your pretrial release may be delayed even further.
Contact Our Criminal Defense Lawyers for Legal Support Today
Call our Montgomery County, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 774-5644 for a free, private legal review.
