1275 Hold Hearing
A 1275 Hold in California presents an additional difficulty on the road to securing a bail bond and getting a defendant out of jail. Therefore, Bail Unit Bail Bonds is here to help you understand what a 1275 Hold is and how we can assist you as you navigate the process. Contact Bail Unit Bail Bonds at: 877.BAIL.177
California 1275 Holds
The term “1275” is a shorthand reference to Section 1275.1 of the California Penal Code. This section of the law outlines instanced in which a judge may deny bail should he suspect that the money used to post bail has been acquired through illegal means. Specifically, the law states:
1275.1. (a) bail, pursuant to this chapter, 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.
While most Bail Bonds in California can be posted relatively quickly, a suspect may be subject to a 1275 hold depending on the crime that he has allegedly committed. Simply speaking, a 1275 hold states that the bail money being used to secure the suspect’s release must come from legal sources. Charges for crimes that involve an element of money transfer—identity theft, fraud, extortion, selling drugs, robbery—will almost always automatically result in a 1275 hold. The 1275 hold is usually placed by the arresting police officer according to the charges, but a judge or district attorney may also request a 1275 hearing as well.
Of course, the defendant is allowed the opportunity to demonstrate that the bail money being used to secure his release was not acquired through illegal means. In a 1275 hearing, the court will need to be convinced that the bail money comes from a legitimate source. Specifically, the law states:
1275.1. (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail.
California 1275 Hearings
At a 1275 hearing, the accused’s lawyer, the bail bonds company, cosigner, and anyone else party to the bail bonds transaction may be required to provide testimony regarding the source of funds used to post bail. During the hearing, the judge will examine a prospective cosigner’s financial situation to assess whether the cosigner will be able to pay the bail bond premium without having to resort to illegal means. In order to make this determination, it will be necessary to show bank statements, payment obligations, rent, utilities, proof of income, and other declarations. After reviewing all the pertinent information, the judge will decide whether the cosigner can legally afford the cost of bail. Should the judge find that the source of funds is legitimate, he will issue an order releasing the 1275 hold and authorizing the posting of the bail bond.
1275 hearings don’t involve an extraordinarily long process, but they can become longer and unnecessarily complicated if you are unprepared and cannot produce relevant exhibits demonstrating the source of your funds.
Perhaps most seriously, it is of utmost importance to be honest and forthright during a 1275 hearing. Failing to tell the truth during a 1275 hearing can have serious consequences both for co-signer and for the accused. According to the law:
1275.1. (i), the bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing.
Not only can failing to tell the truth during a 1275 hearing harm the defendant’s chances of release from jail and potentially increase the bail amount, it can also result in a perjury charge. While a client might be worried about providing information damaging the odds that a 1275 hold might be lifted, the client should always be honest due to risks involved. Judges are not stupid people, and it is extremely important to not give false information during a 1275 hearing.
Preparing for a 1275 Hearing and Obtain Bail
At Bail Unit Bail Bonds, we are well accustomed with the 1275 hearing process and have extensive experience in helping our clients prepare for 1275 hearings. By consulting with Bail Unit Bail Bonds, you will be able to walk into a 1275 hearing prepared and confident.
In the event that you need to attend a 1275 hearing in order to prove that the source of your funds is legitimate, Bail Unit Bail Bonds can help you establish a paper trail demonstrating the source of the funds used to post bail. Bail Unit Bail Bonds can work with you to arrange the necessary documents and records proving that your financial affairs are properly in order. Additionally, Bail Unit Bail Bonds will help answer all your questions regarding 1275 holds and hearings so that you can quickly and effectively secure the release of a defendant from jail.
Please Contact Bail Unit Bail Bonds immediately at: 877.BAIL.177 so we can start preparing for your loved one’s 1275 Hearing.