California’s Penal Code 1275.1 makes money obtained illegally unacceptable in court. Any time the court has probable cause to assume that your cash or property bail comes from illegal or criminal activities, you may have to sit in jail for longer than expected. Even if a judge agrees to release you on bail during the bail hearing, you may have to prove that your money is “clean” before securing your freedom. Note that an arresting officer, judge, or prosecutor can place the hold, especially if you face charges for crimes like theft, extortion, embezzlement, or drug trafficking. If you or your loved one has a PC 1275 hold, we can provide the much-needed help. At 24 Hour Online Bail Bonds, we understand the process of release when a PC 1275 is in place.
Generally, a PC 1275 hold shifts the burden of proof to a defendant. If you wish to post bail, you can do so as long as you show the courts that you obtained your money from legitimate sources. Sorting out the matter in person is possible, although this may mean dealing with people who already view you as a hot suspect. Our work is to ensure the authorities look at your issue with fresh eyes.
PC 1275 Bail Hold Defined
It is imperative to acquaint yourself with the bail process to get a better understanding of PC 1275.
So, what is bail?
Who sets bail?
How is bail set?
Well, bail is money the court demands as insurance that you will not fail to see your charges through up until trial. Legally speaking, you are not guilty unless the prosecution can prove that this much is true. Therefore, the court cannot demand to keep you in custody unless it can establish that you are guilty as charged. Bail is denied only when your criminal history, nature of the case, or flight risk is in question.
The arraignment hearing is merely the first step to a lengthy legal process that may take anywhere between a few weeks and several years. During this time, you can go home and continue with your everyday errands until the trial date. The judge will determine whether you are eligible for release on bail during the arraignment hearing.
Each county has a bail schedule that a judge may follow when setting bail. Even so, it is crucial to understand that a judge has the discretion of raising, lowering, or denying bail. Hence, the judge will consider your charges, criminal history, and other variables before setting the bail amount.
There are three main options you could explore when posting bail. They include:
Cash Bail — Penal Code Section 1269
Although posting cash bail is not common practice, California’s Penal Code 1269 allows a defendant to elect to post cash payment of the bail amount. Typically, the court accepts a range of payment modes, including money orders, cashier’s checks, and personal checks, when the accused faces charges for a non-felony offense.
Under Penal Code 1295(c), the courts may refuse to take cash bail, especially for serious crimes where the set bail is likely high. For drug crimes, the bail may range between $10,000 and $100,000, making the court likely not to accept a cash bail.
Bail Bond — Penal Code Section 1276
Penal Code 1276 allows a bail bond to be executed by a licensed third party (bail bonds agent). The bailing company acts as a guarantee that it will pay the bail in full on behalf of a defendant if they fail to attend all court hearings. Penal Code 1276(a) compels the court to accept bonds presented by licensed bail bond agents.
It remains imperative to understand that the agreement between a bailing company and the court is also held by the terms listed under Penal Code 1275. The laws also prohibit bail bonds agents from the use of monies feloniously obtained.
There are rules and laws that regulate the operations of bail bond companies. Therefore, the courts don’t have probable cause to assume that money from such companies is “unclean,” illegally obtained. Irrespective of the criminal charges you face, securing your freedom through a bonds agent is often easier, faster, and more convenient.
Property Bond — California Penal Code Section 1276.5
Another option defendants can consider when securing their freedom from jail is posting a property bond. The arrangement involves surrendering the deeds of properties whose value is higher than the set bail amount. You will need to have your property appraised for the court to estimate its equity. Moreover, you must disclose any liens placed against the property.
If you post any type of bail, the court will refund it once you diligently show up in court to answer your charges. Failure to meet your end of the bargain gives the court authority to forfeit the bail. If you placed a cash or property bail, you would not receive any refund because of your FTA (failure to appear). On the other hand, the bail bondsman has to pay your full bail to the court if you skip a hearing.
Back to the main question; what is a PC 1275 bail hold?
As aforementioned, a judge, prosecutor, or arresting police can request for a “hold” on your release. You must attend a PC 1275 bail hearing to have the issue resolved. You will have to prove that you did not obtain your cash or property bail feloniously or through illicit acts and transactions.
What Is A PC 1275 Bail Hearing?
The PC 1275 bail hearing is a proceeding whereby the court inquires about the legitimacy of the sources of your bail money. The usual turn of events is that the judge denies bail and orders your return to jail if it is determined that you obtained the bail money from questionable sources. Note that during the hearing, the accused bears the burden of proof.
Fortunately, you only need to prove that your bail money is legit by a preponderance of the evidence. Some of the people present during the PC 1275 hearing may include your attorney, bail bonds agent, and the bail cosigner. Whether you post cash bail or a bail bond, you must prove that none of the resources used came from illicit sources.
Some of the documents you may need to prove the source of your bail money include:
One’s worth of pay stubs and bank statements
Approved bail bond application
A copy of the license of the bail bond company you choose
Receipts from your bail bondsman
Six months statement of your debit/ credit card or whatever mode of payment you use to bail the bail bondsman’s fee
A PC 1275 motion filed by your lawyer or bailing agent
An affidavit stating that money used to bail the bail bonds company is from the sources highlighted in your documents
Note that you must present three copies of all the documents you submit during the hearing. You can also ensure the hearing achieves the intended outcome by ascertaining that your paperwork is in order. Ideally, you must give the court a clear financial picture of any monies used in posting bail.
It is also essential to understand that if you misrepresent your finances during the hearing, a judge has the authority to increase your bail or deny it altogether. The court has reason to believe that if a defendant uses feloniously obtained monies to post bail, there is little or no incentive for them to appear and answer to their charges.
Reasons to Turn To the 24 Hour Online Bail Bonds
If you face charges for a serious crime such as high-profit narcotics sale, the judge, prosecutor and police will have reason to raise an eyebrow when you post cash bail. This is irrespective of whether you can prove that your money is “clean.”
Even if you have the funds, it is always better to go through a licensed bail bonds agent. This ensures that you maintain a low profile and possibly protect yourself from the damaging outcome of an inquiry into your finances. Proving the legitimacy of the source of the 10% fee paid to a bond dealer is often easier. Ultimately, this increases the odds of the judge lifting the hold and allowing you to post bail and secure your freedom.
What If You Can’t Provide Proof Of Income?
Sometimes, proving your source of income is an uphill task. It could be that you don’t have a pay stub and often depend on “hustles” to make ends meet. Other ways to prove the source of your money include providing documents such as:
Trust fund accounts
Receipts/ invoices showing the sale of an asset or real estate
Business income statements
Investment income, e.g., cash from rental property
Interest from stocks and bonds
At the 24 Hour Online Bail Bonds, we understand the challenges posed by a PC 1275 hold. We are well acquainted with the steps needed to have a judge lift the hold and can help you prepare the necessary paperwork. You can reach out to us 24/7/365 and request skilled help in removing a PC1275.
Will A PC 1275 Bail Hold Affect The Initial Bail Amount?
If you face charges for ordinary crimes, the chances are that you can post bail as soon as the police arrest you. In this case, the law enforcement will consider the county’s bail schedule to help you determine how much you should put down to guarantee your return for all court hearings. However, you may have to wait for an arraignment and bail hearing if you face charges for a serious crime or multiple crimes.
The amount of bail the court will demand may depend on various factors, including the seriousness of your charges and your flight risk. It is also standard practice for judges to expect you to pay the set bail for each offense you are accused of committing. For instance, if you face charges for drug trafficking and pimping, you must pay the set bail for the drug crime plus the sex crime before you can secure your freedom.
Moreover, there are certain crimes subject to bail enhancement. For instance, there is a high likelihood of a judge increasing the bail if you face charges for a gun-related or gang-related offense. In both cases, choosing to post cash or property bail is only likely to raise more questions.
Understanding A PC 1275 Bail Hold When Facing Charges for Drug Crimes
Often, the courts impose a PC 1275 Hold on Bail whenever an accused is facing charges for a drug crime. For obvious reasons, the arresting officer, judge or prosecutor will suspect that monies used to raise bail originate from the sale or distribution of drugs. You will need to prove that your money comes from legitimate sources before the court can accept it as bail.
Additionally, drug dealers are assumed to have loads of money. This makes them a flight risk and danger to society, increasing the odds of the court placing a hold on their bail. Some of the aspects that may create probable cause for a PC 1275 include:
The quantity of drugs recovered from a defendant or property under their control
The system used to package the confiscated drugs
The discovery of evidence such as scales, packaging baggies, and other types of packing materials
The presence of deadly weapons on a defendant or within a property that is under their control
The discovery of substantial sums of cash during an arrest or investigations
Any of the above factors create probable cause for the court to place a PC 1275 on your bail. Even if you only had “usable” drugs in your possession, the court may still place the hold if you had a gun or a huge stack of money in your control. Moreover, any facts of the case that paint you as a flight risk give grounds for the prosecution to place a hold on your bail.
Can The Court Place A Hold On Your Bail When Facing A Marijuana-Related Drug Crime?
The use of Marijuana is legal in California. This begs the question of whether the court has probable cause to place a hold on bail when a defendant faces charges for a marijuana-related crime. Well, it is still illegal to grow or distribute the drug without a state license. In short, any proceeds from unlicensed marijuana activities cannot be used to post bail.
If you face charges for selling marijuana without a license, other common reasons that almost guarantee a PC 1275 hold on your bail include:
Multiple drug-related past convictions
A history of convictions for violent or sex crimes
The use of workforce from the youth to sell, market, or cultivate marijuana
Other unique facts of a case such as an arrest as you attempted to sell pot to a minor
What If A Friend Or Loved One Opts To Bail You Out?
When the court places a PC 1275 hold on your bail, you will need to provide financial information that proves you obtained the bail money or property through legal means. If someone else opts to bail you out from jail, they will need to provide their financial information.
For instance, if your employed pal sacrifices some of his savings to post your bail, he must table his pay stubs in court before the judge lifts the hold. The judge will need a paper trail that shows the money used during all transactions is “clean.”
PC 1275 hearings are often scary. So much is at stake, and it’s natural not to want to mess up the situation or turn things from bad to worse. However, the judge’s chances of lifting the hold are high, primarily if you work with an experienced bond dealer. The expert will help ensure that you have your paperwork in order before the hearing.
If you face charges for a crime as serious as criminal conspiracy, extortion, or drug trafficking, the chances are that the prosecution will want to find legal means to take a tour through your finances. The authorities will want to know about your debt, credit, and bank accounts, not to mention your family finances and sources of income. Often, unveiling such information may not work well for your case. This makes it better not to divulge your financial information and instead work with a bail bonds company through a co-signer.
Find a Bail Bonds Company Near Me
Ideally, bail money should give the accused a vested interest in showing up for court dates. However, money from illicit sources such as embezzlement, pimping, and gang-related activities may not give an accused the drive to save the bail money from forfeiture. If the judge, police, or prosecutor suspects the source of your money, they could put a PC 1275 hold on your bail. At 24 Hour Online Bail Bonds, we work with numerous defendants yearly to help them remove the hold on their bail. Call us today at 800-930-8999 if you need our help anywhere in Southern California. This includes Orange County, Los Angeles, Riverside, and San Bernardino. We will also be glad to answer any questions you may have about the PC 1275 hold.