Nebbia Orders / Hearings in Pennsylvania | Ketchel Law - Criminal Defense

Nebbia Orders in Pennsylvania

PENNSYLVANIA NEBBIA ORDERS

If you or a loved one were arrested for a crime in Pennsylvania, one issue you must contend with before the trial is bail. The bail and bond process in Pennsylvania can be very complex.

Most people prefer to await their trial at home rather than in a jail cell. Bail, assuming you are able to pay for it, is one means of making that possible.

However, prosecutors often make it more difficult for some alleged offenders to be released before trial through what is known as a Nebbia Order, or a restriction on bail, requiring proof of the source of the bail money.

If a Nebbia Order is granted, you should seek the counsel of a qualified Criminal Defense Attorney immediately.

An aggressive lawyer will attempt to have the Nebbia Order lifted so you can make it home to your family while you prepare for your trial.

If you have a Nebbia Order issued in your case, call Justin Ketchel today for a free legal consultation at 412-456-1221. 

OUR NUMBER ONE GOAL: GETTING YOUR CRIMINAL CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

WHAT IS A NEBBIA ORDER?

After being arrested for a criminal offense in Pennsylvania, you will have an arraignment in front of a court magistrate. Here they will explain the charges against you, inform you of your rights, and set bail so you can plan your release.

The Court is not permitted to set bail at an unreasonable amount. However, the Court is 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. 

WHY ARE NEBBIA ORDERS USED?

Nebbia Orders are not a regular occurrence in criminal cases. They are reserved for very serious criminal cases and occur most frequently in those that involve large sums of money. For example, drug trafficking, white collar crime, and organized crime cases that have 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.

OUR NUMBER ONE GOAL: GETTING YOUR CRIMINAL CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

GETTING A NEBBIA ORDER LIFTED IN PENNSYLVANIA

A Nebbia Order is an inconvenience, but it is possible to get it lifted.

Lifting the Nebbia Order can be done with the help of an experienced criminal defense attorney. The attorney can file a written motion on your behalf requesting the lifting of the Nebbia Order. This motion is filed in the Court of Common Please 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 include:

    • 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.

HOW A DEFENSE ATTORNEY CAN HELP LIFT A NEBBIA ORDER

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 criminal 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.

At Ketchel Law, our greatest strength lies in critically analyzing and dissecting the details of your case.

OUR NUMBER ONE GOAL: GETTING YOUR CRIMINAL CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

At Ketchel Law, we will do everything we can to minimize your expenses. You are never charged for phone calls or emails and your initial consultation is always free.

We 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.

Call the law offices of Justin J. Ketchel at 412-456-1221. We take your case seriously and are committed to providing quality legal advice.

Learn more about laws in Pennsylvania and fighting criminal charges:

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We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

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OUR NUMBER ONE GOAL: HAVING YOUR CRIMINAL CHARGES REDUCED OR DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION