Florida Bond Holds
Previous Felony Hold
In Florida, if the defendant has previously
been convicted of a felony and the person's civil rights have not yet been restored, or if other felony charges are pending
against the defendant a bail bond may be denied. In these cases, a criminal defense attorney may appeal the court's
order to deny him or her a bail bond.
Serious Felony Hold
Some serious offenses, like first-degree murder, are deemed "non-bondable" and thus, a defendant is unable
to bond out immediately. A Florida criminal defense lawyer must request what is referred to as an "Arthur Hearing."
An Arthur Hearing is like a mini-trial whereby the state has the burden of proving that the person committed the crime and
that the presumption of guilt is great.
Domestic Violence Hold
Defendants charged with domestic violence offenses are also unable to bond out immediately. According to Florida law,
they are required to appear before a judge prior to leaving custody. They should be represented at this hearing by a criminal
In Florida, if the
criminal charges pertain to a fraud or drug case the Court can add a condition on the bond known as a Nebbia Hold, or Bail
Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond to produce and disclose the source of bail
premium and collateral prior to the defendant's release on bail. They must show that the source of the bail premium and collateral
are from a legitimate source and were not acquired through illegal activities such as drug trafficking, money laundering,
theft or fraud.
An experienced criminal defense attorney can quickly schedule the Bail Source
Hearing, and file a Nebbia Proffer and present evidence, including documents and testimony, to show the court that the source
of the funds is legitimate. Once the court is satisfied that the funds being used to post the bond are from legitimate sources,
the Court can lift the Nebbia hold so that the defendant can bond out of jail.
An immigration hold may be placed upon a jailed individual in Florida by the Immigration
and Naturalization Services because of their status as an illegal resident. If there is an immigration hold, a criminal defense
attorney with experience in immigration matters may be able to arrange an additional bail bond amount for the hold to be removed.
If not, the defendant may be extradited to an immigration holding facility.