WHAT IS A NIBBIA HOLD
In Nebbia, the United States Second Circuit Court of Appeals held that after an accused posted a $100,000 bail in cash, the trial court had discretion to inquire into the source of the funds in order to ensure that the accused would appear in future proceedings. The source of funds must not come from DRUG MONEY and the burden is on the accused to prove the source of funds used for bail is not drug proceeds. The federal rules permit this on either the government's motion or the court's own motion.
Florida courts lack authority to detain accused for the purpose of inquiring into source of funds used to post bail and any such inquiry is for purpose of ascertaining whether bail set is sufficient to secure defendant's appearance, not to deny pretrial release. Read the Entire Case Below.