What You Must Know About Nebbia (Bail Source) Hearings in Pennsylvania
Our criminal defense law firm represents people charged with a variety of crimes and offenses in Pennsylvania and New Jersey. While the two states border each other, they have very different systems when it comes to bail. New Jersey is, for the most part, a cashless bail system following bail reform. In New Jersey, a judge will decide if a person will be held in jail prior to trial if the State files a motion to detain that person following an arrest. Things are very different in Pennsylvania!
What determines the bail amount in Pennsylvania?
Unlike New Jersey, Pennsylvania still employs a cash/monetary bail system. The amount of bail is set following argument from the defense and the prosecution.
The amount of bail is based on the following factors
- The nature of the offense and any mitigation or aggravation regarding it
- The defendant’s employment history and financial condition
- The defendant’s family relationships (i.e. children)
- The length and nature of the defendant’s residence in the community and past residence
- The defendant’s age, reputation, and mental condition
- The defendant’s history regarding his or her failure to appear in the past
- The defendant’s prior criminal history
- Any other factors the court may find relevant in this analysis
Your criminal defense lawyer should argue these points at your initial bail hearing and every subsequent bail petition hearing if it remains an issue.
What is a Nebbia Hearing (Source Hearing)
After the bail amount is set, a Court may require the Defendant to show the source of the funds that will be posted as bail. This is called a Nebbia hearing, also known as a bail source hearing.
This is a court hearing that requires a defendant to show that the funds used for bail are from a legitimate source. These source hearing are often requested in cases involving serious offenses, such as drug trafficking, kidnapping, or money laundering.
What Evidence Will Support the Defense Argument of Legitimate Source
The term “Nebbia hearing” comes from the landmark court case United States v. Nebbia, in which the decision allowed for the detention of suspects while the source of their bail funds was investigated. Evidence to support that the funds are coming from legitimate sources include paystubs, bank account records and other financial documentation.
At a Hearing, the person who will be paying bail must appear to show the appropriate paperwork to the court and be told that they will be the surety for bail. It is important to understand that it is their responsibility to ensure that the Defendant, appear in court at all listings until the case is over otherwise the amount posted could be forfeited.
Once the case is over, the surety will get a large percentage of the money paid for bail back from the courts. If a bail bond company is used, then all that is usually required is a letter from the bail bond company explaining the source of funds and that the company is ready to post the full amount.
If you have more questions about bail in Pennsylvania or New Jersey, contact our law firm today!
Contact Our Criminal Defense Lawyers in Pennsylvania & New Jersey
Please click here to contact our criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
