A Federal bail bond is issued when dealing with interstate crimes and federal crimes. Such crimes include the destruction of federal property, crimes that occurred over the state lines, crimes that have been investigated by federal agencies such as the FBI, and offenses that include kidnapping, tax evasion, drug trafficking, and different types of fraud.
Federal bail bonds usually cost more than state bail bonds, as well as the premium. In Florida, the premium rate of 15% is standard but can go as high as 25%. When it comes to federal crimes, the judge is the only person who can determine what the appropriate bail amount should be. He will most likely make this determination at the first appearance hearing. When an individual is charged with a federal crime, he or she will almost always remain in jail until the judge makes the final determination as to what the entire bail amount will be.
A judge will usually add a Nebbia requirement to the bond in federal court. A Nebbia requirement involves the defendant and their family to show that the collateral and money being used to pay the bond is from a legitimate source and not derived from criminal activity. Such activities include profits from drug sales, theft, or fraud. The legality of funding can be proven by pay stubs, tax returns, vehicle deeds, and bank account statements, just to name a few. A Nebbia Hearing is where the defendant shows that this proof has been met. This is shown through a motion that is presented before the writing or posting of a Federal bail bond. The defendant and the co-signers of the bond must prove to the prosecutors the source of all collateral and premium monies paid on the bond.
It is very important to make sure that the bail bondsman that is being used to write the bond understands court procedures and has experience in dealing with Nebbia requirements. This is important because the bondsman is usually the one who examines the financial assets that are being used to underwrite the bond. The bondsman is also responsible for putting together a Nebbia Proffer and gives it to the defendant’s attorney, who then gives it to the prosecutor. The prosecutor will then agree that the requirement has been met or will disagree. If the prosecutor does not agree, then a Nebbia Hearing will be set so the judge can decide the issue. In the case that the judge is unable to verify where the money is coming from, then bail will be denied.
Understanding the process of a Federal bail bond and Nebbia requirements is very important. It can be overwhelming and confusing. That is why Mercy Bail Bonds wants to help you or your loved one. Let our professional bail bondsmen explain everything to you and help you through this difficult process. Mercy Bail Bonds proudly serves Pasco, Hernando, Hillsborough, and Pinellas counties. Contact us today at (727) 856-7775 or on our website to get started.