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PC 1275 Hold

PC 1275 Bail Hold Hearings in California

A PC 1275 bail hearing is a proceeding in which someone goes before a judge to explain where the money for their bail bond came from. Sometimes, a judge will require different forms of proof showing where the funds originated and were acquired from legal sources.

The Eighth Amendment to the U.S. Constitution protects the right to bail, which ensures that excessive bail is prohibited and that all fines are moderate.

PC 1275 Bail Hold Hearings in California
A PC 1275 hold can be placed on bail if there is reason to believe it came from criminal activity.

However, there are some situations where bail can be withheld, such as when a defendant's release from police custody would pose a significant risk to the public's safety or if they are a flight risk.

Another situation includes criminal cases involving drug trafficking or financial crimes. Suppose the police or the district attorney believes the money used to bail the defendant out might have come from an illegal source. In that case, they can place a "1275 hold" on the defendant's bail until specific requirements are met.

Under California Penal Code 1275.1, the court can set conditions for a defendant's bail if it believes that the money used to bail out the defendant comes from illegal sources.

However, to place a hold on a defendant's bail, the prosecutor, police, or the court must file a declaration citing probable cause that the money used for the criminal case by the defendant came from "ill-gotten means."

When filed, this declaration shifts the responsibility to the defendant's lawyer to present evidence that the money planned to be used for bailing out of jail was not obtained through criminal activity.

When a PC 1275 hold is placed, and a hearing occurs, the judge will typically require a clear picture of the defendant's financial situation, which might require bank statements, paycheck stubs, investments, real estate, etc.

PC 1275 hearings occur often and can often result in the defendant being granted bail. A PC 1275 hold is just a case where the court wants to see the financial information of a defendant or the parties involved in their bail so that they can ensure the money comes from a legally legitimate source.

In most cases, a defendant's bail might be delayed a few days as the court proceedings occur. Sometimes, the issue becomes more complicated if it involves organized crime syndicates, which can make identifying the source of the defendant's income extremely difficult, thus lengthening the process significantly.

PC 1275 Bail Hold - Quick Facts

  • A "PC 1275 hold" is placed on your bail because a police officer, district attorney, or judge believes the money or collateral used for the bail was acquitted through criminal activity, such as selling drugs.
  • The name "PC 1275" comes from California Penal Code 1275 PC, the statute that allows the bail hold.
  • If it is suspected that you used or might have used illicit funds to post bail, the court is allowed to place a PC 1275 hold on your bail.
  • Your release from custody will be delayed, and you must prove the source of the bail money before getting released.
  • Bail money can't be obtained illegally through criminal activity.
  • The bail amount will vary depending on the crime.
  • Judges can increase or decrease bail amounts depending on the case details.
  • If the court holds your bail, you can challenge it at a separate PC 1275 court hearing.
  • If you can show, through a preponderance of the evidence, that your bail money was legally acquired, then the court must release the hold.
  • All California counties have bail schedules that detail the amount of bail for each criminal offense.
  • You can request a bail hearing to ask the judge to reduce the bail.
  • Judges can also set, modify, reinstate, or exonerate your bail at arraignment.
  • PC 1275 holds are most common in cases of drug trafficking, money laundering, gang crimes, and extortion.
  • If you're charged with a crime in California, the judge will determine bail for your pre-trial release.

What Are the Common Crimes For a PC 1275 Bail Hold?

When a PC 1275 hold has been ordered, the bail money must be proven lawful before the defendant can be released.

A PC 1275 hold can be initiated by a judge, district attorney, or the arresting officer if there is probable cause to believe the money was derived from criminal activity. The most common crimes connected to a PC 1275 hold include the following: 

When a PC 1275.1 hold is placed on your bail, it temporarily suspends the bail process. This means that even if you have the necessary amount for bail, you still can't secure release from custody unless you get the hold lifted.

What Does the Law Say?

California Penal Code 1275 PC says, "(a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the defendant's previous criminal record, and the probability of his or her appearing at trial or a hearing of the case.

The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information in a report prepared per Section 1318.1.

California Penal Code 1275 PC

(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.

(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following:

(1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.

(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and set forth those facts on the record.

For purposes of this subdivision, "unusual circumstances" does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses."

Penal Code 1275.1(a) PC says that bail "shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained."

Can You Challenge a PC 1275 Bail Hold?

If a PC 1275 hold is placed on your bail, you can challenge it through a 1275 bail hearing. Notably, however, you have the burden of proof to provide valid evidence that the bail money comes from legal sources, including the following:

  • Bank statements.
  • Income tax returns.
  • Credit card statements,
  • Work pay stubs.

These sources of funds must support your claim regarding the legal source of the money. Your defense lawyer may introduce testimonies or affidavits from people who can confirm your financial status.

If your bail money was borrowed from a family member, they might be asked to testify at the bail hearing or provide a written statement. If your attorney can prove the legality of the bail money by a preponderance of the evidence, meaning more likely than not, the PC 1275 hold is released, and you can be released on bail.

If you cannot prove that no part of your bail comes from illegal sources, the hold will remain in place; your bail will be rejected. This means you will be denied bail pending trial.

Sometimes, a bail bondsman can help you secure the removal of a 1275 hold. Contact our law firm for more information. Cron, Israels & Stark is based in Los Angeles, CA.

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