Following an arrest in Pennsylvania, you will have an arraignment in front of a court magistrate. At the arraignment the charges against you, as well as your rights, will be explained to you. In addition, bail will be set so you can plan your release. The Court is not permitted to set bail at an unreasonable amount. It is important to note that Pennsylvania courts are under no obligation to make it easy for you to pay and be released. Defendants are generally required to post ten percent of their bail amount in order to be released. For example, if bail is set at $100,000, they pay the Court $10,000 and they can await their trial from home. Typically, anyone can pay the bail amount in order for the Defendant to be released. There is no need to disclose who paid or the source of the money. In certain circumstances, however, the court will put a restriction on bail called a Nebbia Order. If this happens, anyone posting bail must prove the source of the funds. This proof must be shown to the court’s satisfaction so the Nebbia Order can be lifted and the defendant can be released.
When Are Nebbia Orders Used In Pennsylvania
Nebbia orders are not common in Pennsylvania criminal cases. They are reserved for very serious criminal cases and occur most frequently in criminal cases involving large sums of money. For example, drug trafficking, white collar crimes, gang and or organized crime cases in which the accused has a long criminal history. In these cases, it can be assumed that a lot of money has been made illegally, and that they have set aside funds for purposes such as bail and other legal expenses. The court wants to make sure that they are not receiving funds that have been earned from criminal activity. A Nebbia Order is their method of protection.
Lifting Nebbia Orders In Pennsylvania
A Nebbia Order is an incredibly serious and expensive issue. It is also a huge inconvenience. However, with our skilled Norristown criminal lawyers on your side it is possible to get it removed. Our PA criminal attorneys will file a written motion on your behalf requesting the lifting of the Nebbia Order. This motion is then filed with the Court of Common Pleas where criminal trials take place. Once the motion has been filed, the Court will set a date for a hearing. You will be required to prove that the funds used for your bail were not derived from criminal activity. The money can be a loan, or paid by another party known as a surety, but you must present enough documentation to show the court that the money is legitimate.
Examples of proof of the source of bail money for a Nebbia Order can include the following:
- The Defendant or surety testifying under oath in Court that the funds are legitimate
- Bank Statements
- Financial Records
- Tax Returns
The Defendant has the burden of proof to show that the money used for bail was not obtained through criminal activity. If you fail to satisfy the court the Nebbia Order will remain in place and you will remain in custody until your trial.If a Nebbia order has been issued in your case, it is likely that the charges against you are extremely serious. Having an experienced criminal attorney to help guide you through the process and fight for your rights is a necessity. A skilled Pennsylvania defense attorney can assist you with every aspect of your case and will ferociously fight to protect your rights as guaranteed by the Constitution. This includes issues that arise before your trial takes place, like bail and Nebbia orders.
One of my greatest strength is that I am highly skilled at critically analyzing and dissecting the details of your case. At my Montgomery County law firm I will do everything possible to minimize your expenses. You are never charged for phone calls or emails and they provide free initial consultations. I understand what you are going through and will tirelessly fight on your behalf to ensure that your arrest has a minimal impact on every aspect of your life.
Contact A Pennsylvania Defense Attorney Handling Nebbia Orders
By no means should you wait to contact me, Pottstown Criminal Defense Attorney V. Erik Petersen to discuss your case regardless of the charges you are facing. I will thoroughly review your case free of charge and explain all of your legal options to you. Please click here to email me.
With an office in Montgomery County I serve the Philadelphia, Doylestown, Media and Norristown areas.