A Nebbia Order is a condition on bail that requires the person posting bail to show where the funds used to post bail are coming from. Even if you have the funds to pay, the Nebbia order can only be removed if the judge agrees that the funds are legitimate.
Philadelphia criminal defense lawyer Lauren Wimmer has filed dozens of motions to lift Nebbia orders. These motions have allowed her clients to fight their case from the street. If you or your loved one are awaiting trial in jail because the court imposed a Nebbia order, contact us today to get the Nebbia order removed.
Nebbia orders are not common to most criminal charges. If you are confused about why a Nebbia order was imposed, here is the short answer. The court is concerned that you will be using money from, for example, drug sales to pay the bail.
Crimes where the bail commissioner imposes a Nebbia Order typically include:
If a judge places a Nebbia Order as a condition on bail, call a Philadelphia criminal defense lawyer immediately to have the order removed. To remove a Nebbia order, the criminal defense attorney will file a written motion with the Clerk of Courts and ask that a Nebbia hearing be scheduled before the judge.
The motion should include bank records, paystubs, and any documents that show the judge where the money is coming from. You may also rely on property records, income tax returns, and other relevant financial records.
At the Nebbia hearing, the defendant has the burden of proof. They must show that the funds to post bail were not obtained through some criminal activity. Additionally, where a surety intends to post bail for the defendant, they will likely testify as to the source of the bail funds to show the court the funds are legitimate.
If the defendant borrows money to post bail, their criminal defense attorney must show that the borrowed funds can be repaid with legitimate funds. If the defendant fails to show a legitimate source, the Nebbia Order will not be removed. The defendant will remain in pre-trial incarceration until their trial.
While a Nebbia Order is intended to prevent a defendant from posting bail with funds from an illegitimate source, no individual should suffer the mental distress resulting from sitting in jail awaiting trial.
If you have been arrested for a crime and the court imposes a Nebbia Order as a condition on bail, call the office of Wimmer Criminal Defense Law today. Philadelphia criminal defense attorney Lauren Wimmer understands why a Nebbia Order is set and how to remove it.
When a person is arrested for a crime in Philadelphia and bail is set, the criminal defense attorney will immediately get to work in helping their client understand what needs to be done to post bail. The case begins with the person's arrest. After they are fingerprinted, photographed, and booked, you will then appear for arraignment. Here, the judge will state the criminal charges and then set bail.
Anyone arrested for a crime should have a criminal defense attorney present at the arraignment. This is important so that your attorney can argue for the lowest bail possible.
When the court is setting bail, it will generally consider two factors:
Additionally, a court will weigh other factors such as the defendant’s age and maturity, the nature of the offense and any prior offenses, the defendant's ties to the community, and anything else the court finds relevant.
Once bail is set, the defendant is usually required to pay 10% of the bail set by the bail commissioner in order to be released from custody before trial. The bail can be paid by the defendant or someone on their behalf. The court won't question where the funds used to post bail came from unless a Nebbia Order is imposed.
Philadelphia criminal defense attorney Lauren Wimmer has defended countless defendants in both federal and state courts. She has filed motions to lift Nebbia Orders in the Philadelphia Court of Common Pleas and won, even over the objection of the Assistant District Attorney appearing on behalf of the Commonwealth of Pennsylvania. Our office is here to help you understand how to post bail so that you can be with your family and fight your case from outside of jail.
If you need an experienced criminal defense attorney, contact Wimmer Criminal Defense Law by calling 215-712-1212 or visiting our website today.