Having been practicing in Los Angeles County and arguing bail over the course of the last twenty-five years, a lot of times I've seen where the prosecutors basically put a 1275 hold on a particular defendant, which basically blocks them from posting whatever the bail schedule is, or the bail that's set by the judge, 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 in order to allow the court time to ensure that drug proceeds are not being used to post the 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 and you can show them where the source of the money is coming from with documentation, statements from individuals who are family members that are going to help post the bond money and if you do it the right way and you've got experience, and you can convince the prosecutors that what you're doing is legitimate, then 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 basically consist of testimony being taken from the sureties – from the people who are the family members, the friends, the individuals who are going to post the bond money.
The main issues is, and the judge will ultimately decide this, is whether that money is coming from a legitimate source. A lot of times people are getting money out of their bank.
As long as they can show they have a job and that money was put in there from a job, then there's usually not going to be a problem. Another thing I see people doing is using credit cards in order to post the 1275 money in Los Angeles County.
This is a perfectly legitimate thing to do, but obviously you're going to have to show that you've got funds to pay those credit cards back and you're not just busting out a bunch of credit cards in order to help somebody. Another thing is, they're going to look at what type of case it is.
Is it a drug case and they're concerned where 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 are not going to allow that to happen.
They're not going to let them get that money and give it to the family members and post the bail with what they consider drug money. So, another thing is it depends on the case as it relates to how they're going to 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 and they're not coming from the defendant and whatever the defendant is accused of doing.
Developing a Strategy
So, what I do in preparation for a 1275 or bond hearing is, 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 the people in there that are basically bullet-proof people that have a good reputation and background that the prosecutor is going to get a chance to cross-examine them in a hearing, so we better be ready so they can answer the questions the right way and we're not put in a bad 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 is going to deny the bail in the case.
He's going to leave 1275 in place and then the defendant is not going to be able to bail out. So, it's crucial that we sit down, go over everything step by step, we talk about the bail situation and we put the pieces in place in order to win the 1275 bail hearing, get the person out so they can fight their case from the street.
We can get our defense together and we can do everything we can to get the best possible result. Consult with a California criminal defense lawyer at our law firm to review the details.
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