Nebbia and Bail Hearings During Covid-19? How can you get your loved one out of jail if no one is permitted in the Courthouse? Although, the criminal justice system has come to a halt due to the Covid-19 pandemic, that hasn’t stopped the police from arresting and imprisoning people. For defendants who have been arrested and charged with Possession with Intent to Distribute or other Drug Crimes, they may find themselves in custody with bail subject to a Nebbia Hearing. Traditionally, a Nebbia Hearing requires an in-court hearing where the Surety, or person who will post the bail, must provide evidence to the Court that the bail money is coming from an legitimate source. This can be accomplished by providing pay stubs, bank account information, tax returns, or other financial documents which show the source of the funds. This usually occurs at a special Nebbia hearing scheduled by your lawyer upon motion or at the first Preliminary Hearing listing.
Typically, Defendants are entitled to a Preliminary Hearing within 14 days of their arrest; however, due to Covid-19 no in-person hearings are currently taking place in Philadelphia. Unfortunately, this has resulted in many Defendants sitting in jail awaiting trial without a Preliminary Hearing scheduled. This has also resulted in many defendants missing opportunities to argue for a Bail Reduction or get their Nebbia lifted.
The Philadelphia Court’s are currently conducting hearings via Zoom and other teleconferencing tools with a special emphasis on Nebbia and Bail Hearings During Covid-19. Montgomery County, Delaware County and Bucks County are also now using video conferencing to hear emergency bail motion and address bail for Defendants awaiting trial.
Yes! Due to the Covid-19 pandemic, bail reduction hearings or emergency motions for release can be filed and hear by the court via teleconference. This means that it is possible to get a loved one out of prison without having to enter the courtroom. Defendants maintain a presumption of innocence, even when charged with a crime. They have a right to face their accused and defend themselves against allegations. Pre-trial incarceration due to bail is supposed to be for the purpose of protecting the community and ensuring the Defendant comes to Court. However, there are many creative solutions to ensure these goals while allowing the accused Defendant to remain out of prison awaiting trial. The Defendant can be required to phone check in with the court, issued a stay away order from any witnesses in the matter, or in more extreme situations, be placed on house arrest pending trial. These are just an example. In the age of Covid-19, there are many creative solutions to ensure your loved one is not unfairly incarcerated while awaiting trial.
Even before conducting Nebbia and Bail Hearings During Covid-19, Troy Crichton has gotten positive results in hundreds of bail hearings. Even better, Troy Crichton has also prevented many clients from ever seeing the inside of a cell by representing them pre-indictment/charging and assisting with their turn-in. The best time to worry about bail, is before you are even formally arrested. If you have a bail issue or need a Nebbia hearing scheduled contact Troy Crichton today at (267) 225-3317 .
Copyright©2020, Crichton Law. All Rights Reserved.