A friend calls you from jail to tell you that your loved one has been arrested. Why is this happening?
You need to understand how California bail works in order to understand why your loved ones cannot be released from jail.
How does the Bail Amount get determined?
The bail amount is determined by the county based on several factors.. It lists the amount of.
3 Ways to Place Bail
- Money – You must have sufficient cash or a cashier’s check to pay bail. Bail amounts can range from $10,000 to $100,000.
If you make all court appearances, your cash bail amount will be refunded. You will lose your cash bail if it is not returned to the county.
- Bail Bond – A bail bond is an agreement between an accused (California Penal Code Section1276), and a bail agent. It promises that you will appear in court at the time and date set by the bail agent. If you retain an attorney before posting bail, the 10% premium will be reduced to 8%.
A bail agent will often require collateral in order to post bail. If you are unable to appear in court, the collateral can be used by you to pay the bail amount.
- Property Bond (California Penal Code Sec 1276.5): A property bail means that your equity must be placed in real property to guarantee your appearance in court. Professionally estimate the property equity.
If the equity is sufficient, the court will release you from custody and accept bail. The county can place a lien on the property to collect bail.
California Penal Code Section 1275.1
Illegally obtained bail money is not permitted to be accepted by Penal Code 1275.1.
PC1275.1 states that bail can be refused if it is suspected that bail money or property has been used in criminal activity. An arresting officer, a judge or a prosecutor can place a hold.
The arresting officer usually places the 1275 hold.
- Drugs;
- Embezzlement;
- Theft;
- Extortion.
A person placing a hold must have probable cause to suspect that bail money was used in criminal activity. To be eligible for bail, one must prove that they were legally able to obtain the money or property.
The 1275 Hearing, (PC1275)
A hearing on 1275 can be held at your first court appearance or at a special hearing in order to resolve the 1275 matter. You have the right to a closed hearing regarding 1275.
Your financial records will be required to show that you have the funds to pay bail or post bail.
- Statements for credit cards
- Rent/Mortgage payment documentation;
- Bank Statements
- Auto Payments
- Tax Returns
- Income proof.
Two examples of people who might appear with you in court are your attorney and bail bondsman. They can also confirm your income source to assist you in posting bail.
Bail will be accepted if the judge finds that the bail money and security are legal.
It is important to have an attorney represent you at the hearing. An attorney representing you at this hearing is crucial. They are familiar with the court and the bail bondsman.
Contact Wallin & Klarich for Help
A skilled criminal defence lawyer is your best option if you or someone close to you is being held for a crime. Let us help you prepare for the 1275 hearing.
Our offices are located in Los Angeles, Sherman Oaks, and Torrance. No
