California’s “1275 Hold” refers to when bail is held on a defendant because it is believed that the money used for bail was obtained through criminal activity such as drug trafficking.
The term “1275 Hold” refers to Penal Code 1275.1 PC. This statute regulates bail and states that if there is probable cause to believe the property or money used to post bail could have been used in illegal activities, the bail will be rejected.
A criminal case’s bail amount will vary depending on the crime that the defendant is accused of. Each California County has its own bail schedule which will detail the bail amount for specific crimes.
A judge, a prosecutor or an arresting officer can place a hold on the defendant.
It’s usually the officer who is arrested that places the 1275 h
- drug crimes,
- extortion,
- embezzlement,
- gang crimes,
- Criminal cases of felony theft
The defendant is now responsible for the proof after the hold has been placed. Simply put, anyone who intends to post bail must prove that the money or property used for bail was legally obtained.
The court will place a hold on the defendant’s bail. They are then allowed to contest the hold at a PC 1275 court hearing.
If the defendant can prove that the money was legally acquired, the court will remove the hold at this hearing.
Based on the facts of the case, a judge can decrease or increase the bail amount. You can find out more from our Los Angeles criminal defense lawyers.
What does the Defense have to show when a 1275 hold is placed on a defendant in a criminal case bail situation?
A criminal judge will usually place bail in a criminal case. However, sometimes the prosecutor will ask for a 1275 hold, which is what we discussed above.
This basically means that the prosecutors say that even though you have set bail in this case, we believe that the defendant will use ill-gotten funds to pay that bail.
We are asking that bail be posted by the defendant before they can.
Let’s take, for example, a drug dealer being arrested. A $200,000.00 bail is set and then a 1275 Hold is placed on the person.
A drug dealer may be able to borrow money from drug sales to bail him out.
This 1275 idea attempts to stop that from happening. The prosecutors want to know where the money is coming from so they can bail them out.
If they are getting it through drugs, that’s inappropriate, and that’s wrong. We can block that by using Penal Code Section 1275 PC.
A defendant may be required to provide financial records during a hearing to show how they obtained the money to pay bail or to pay a bondman. You may be asked to produce the following records:
- Bank statements
- Statements from credit cards
- You must provide proof of income
- Car payments
- Mortgage statements
- rent payments
You could also use anyone who may appear in court with you to verify your income, such as the bail bondsman.
The 1275 Bail Hearing
In these 1275 cases, which I have done many of, what ends up happening is that there is what’s known as a 1275 hearing. It works in a certain manner.
If someone is required to post bail, their parents will use their credit card. The bond company will be used by the parents. The parents will use their credit cards to pay the bond company.
Let’s assume it’s $200,000.00 bail. I now put the parents on the witness stand to prove where the money came from.
I’d ask my parents where they are going to get the money to pay this bond.
It’s gonna be $20,000.00, because the bond agent charges 10% (sometimes, bond agents charge less, but let us stick with an example).
We’ll need to raise $20,000.00. If they have that credit limit, they can use their credit card to pay $20,000.00 to get the person out.
The next question is: How are you going to pay back the credit card you used?
They can justifiably justify the premium if they have a job, and they can prove that they make at least $5,000.00 per month.
Collateral to Secure the Bond: Property
Also, we might need to look at a home because, in a $200,000.00 scenario in a 1275 Hold, the bond company will likely want to see some type of property in order to secure the bond.
If the person flees the court will now look at the bond company and ask them for $200,000.00. The bond company would then have to state that the people gave the house to us.
We would be able to foreclose the house and receive the money. We would be able to foreclose on the house and get the money.
The key question will be asked by the surety. If your daughter or son is released, will you get the money back?
Because if they are going to be paid back with drugs money, it defeats the purpose for the 1275 hold.
If the judge determines that the money used for bail was legitimate, they will release the warrant and you can post bail to be released from jail.
For Bail Help, Contact Hedding Law Firm
A defense lawyer representing you at this hearing is crucial. They will know the procedures of the court, including the judge, the prosecutor and the bail bondsman.
If you or someone you love was arrested for a crime and are trying to get them out of jail and getting representation, then you have come to the right place.
Call Ron Hedding. Ron Hedding can be contacted to arrange a meeting. I am available to assist you with the bail issue. I also have 27 years of criminal experience.
Hedding Law Firm can help prepare you for a successful 1275 bail hearing. Los Angeles County is our location. We offer a free case assessment
