Jenkins v. State
The Third District granted a habeas petition challenging a trial court's refusal to lift a Nebbia hold on a defendant's bond, holding the trial court abused its discretion by conflating the narrow Nebbia inquiry (legitimacy of the source of bond funds) with unrelated considerations like the indemnitor's ability to repay a promissory note and the bail bond company's business practices. The court ordered immediate release on the previously posted bond.
Key facts
- Defendant Jenkins challenged a trial court's refusal to lift a Nebbia hold on his bond, arguing the court improperly considered factors beyond the legitimacy of the bond funds' source.
- The trial court denied bond release based on concerns about the indemnitor's ability to repay a promissory note to the bail bond company and skepticism about the bail bond company's business practices.
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Why it matters
This opinion is useful to criminal defense practitioners handling contested Nebbia holds, particularly in cases involving indigent defendants relying on bail bond companies and unsecured promissory notes to family… — full analysis with a trial
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