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Getting Out Of Jail On A Drug Trafficking Charge With A Nebbia Hold

Published by in Nebbia Hold · 18/11/2013 22:53:17
Tags: NebbiaHold

If you are arrested for drug trafficking you will likely have to deal with a Nebbia hold. A Nebbia hold forces the accused to demonstrate that the money being used to bond out is not the proceeds of illegal activity. It also requires a bondsman to sign an affidavit showing that the clean money was used for the bond. If cash is used for the bond the indemnitor must be able to document the source of the cash. If someone in the family has documented income and a bank account that the money is deposited in that would satisfy the Nebbia hold. A duffle bag full of cash will not. Some bondsman will not require collateral and only need 10% of the total bond amount. In other cases if the bondsman feels that collateral is necessary they not only want the 10% but also want additional money or assets to secure the bond. Whatever is used the indemnitor must be able to show that the asset is not the proceeds of illegal activity. The bondsman's affidavit can establish if collateral was used. Since not all bondsman require collateral it is helpful to address this in the affidavit because the judge might assume collateral was used. If they assume collateral was used and only have proof of a clean source for the 10% premium the accused will continue to sit in jail until a clean source can be established or the bondsman's affidavit establishes that no collateral was necessary. An experienced criminal defense attorney can navigate this process quickly with a bondsman avoiding the accused sitting in jail unnecessarily waiting for additional documentation. Occasionally the court will also request passports be turned in or affidavits that the accused does not have a passport. A mistake in handling these issues can result in the accused waiting in jail for the proper documentation.

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