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1275 Bail Hearing

1275 Bail Hearing In Los Angeles

Having been practicing in Los Angeles County and arguing bail over the last twenty-five years, a lot of times I've seen where the prosecutors put a 1275 hold on a particular defendant, which blocks them from posting whatever the bail schedule is, or the bail that the judge sets unless they can prove that the funds that are being used are basically from a legitimate source. I've had a lot of what they call 1275 bail hearings.

A 1275 hold on bail prevents someone from being able to post bail until they go to court. In most cases, 1275 holds are placed in drug cases to allow the court time to ensure that drug proceeds are not being used to post bail. Once a 1275 hold has been placed, the individual who is going to post bail will have to attend a hearing to prove that the funds are not coming from drug proceeds.

In some cases, a prosecutor will lift the 1275 hold after receiving all the necessary information, and in other cases, a hearing will be required, and a judge will have to lift the hold.

Usually, you can convince the prosecutors not to have the hearing. You can show them where the source of the money is coming from with documentation, statements from family members who are going to help post the bond money, and if you do it the right way. You've got experience, and you can convince the prosecutors that your actions are legitimate, so there's no need for the bail hearing.

Lifting 1275 Hold

The prosecutors will lift the 1275 hold, and the person can be bailed out and fight their case from the streets. If, on the other hand, the prosecutors are still questioning the source of whatever funds are being used by a third party, then that's the time to have a 1275 bail hearing.

This will consist of testimony from the sureties—from the family members, friends, and individuals who will post the bond money.

The main issue and the judge will ultimately decide whether the money comes from a legitimate source. A lot of times, people get money from their banks.

As long as they can show they have a job and that money was earned from that job, there's usually no problem. Another thing I see people doing is using credit cards to post the 1275 money in Los Angeles County.

Read More: A Legal Success Story In Los Angeles, California

This is a legitimate thing to do, but you'll have to show that you've got funds to pay those credit cards back and that you're not just busting out a bunch of credit cards to help somebody. They will also look at what type of case it is.

Is it a drug case, and they're concerned that somebody is coming up with a bunch of cash to bail out? Even if that cash is given to family members on the sly, so to speak, the judge and the prosecutor will not allow that to happen.

They're not going to let them get that money, give it to the family members, and post the bail with what they consider drug money. It also depends on the case as it relates to how they will deal with a 1275 bail hearing in Los Angeles County. That's the Penal Code Section 1275.

You can look it up, but I'm telling you, really, what it's going to come down to is, can your attorney convince the prosecutor and judge that the funds that are being used are legitimate, coming from a legitimate source? They're not coming from the defendant and whatever the defendant is accused of doing.

Developing a Strategy

So, in preparation for a 1275 or bond hearing, I get the family in. I talk to the client about it. We figure out where the money is going to come from.

We get bulletproof people with good reputations and backgrounds so the prosecutor can cross-examine them in a hearing. We had better be ready so they could answer the questions correctly. We're not put in the wrong position because if a judge sees or thinks that the money is coming from a bad source or something fishy is going on, then the judge will deny the bail.

He's going to leave 1275 in place, and then the defendant will not be able to bail out. So, we must sit down, go over everything step by step, talk about the bail situation, and put the pieces in place to win the 1275 bail hearing and get the person out so they can fight their case from the street.

We can combine our defense and do everything possible to get the best result. Please consult our law firm's California criminal defense lawyer to review the details.

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