Understanding PC 1275 holds is crucial, yet many find it challenging. The process of lifting them is equally complex. I'm here to shed some light on it, but it's essential to grasp the gravity of the situation.
If you or a loved one is facing a criminal case, seeking legal assistance is imperative. Together, we can navigate the process of lifting the 1275 hold and securing your loved one's release from custody.
The first step is to determine how the bond will be posted. Most people opt for a bond company, which is the assumption I'll make for this article. The key is establishing a setup that can prove the legitimacy of the bail funds to the prosecutor and, if necessary, the judge during a hearing.
Source of the Funds
When we talk about the source of the funds, the first thing you will look at is the premium paid to the bond company.
Sometimes, people wire money from a bank account, so you'll need to get all the bank statements from that account, showing who owns the account, confirming that the defendant has nothing to do with the account, and indicating sufficient funds to cover the wire.
If you use a credit card, you will need all the credit card statements so we can see that it's a legitimate credit card and how long you have had it. They're not just going to let you open up accounts and credit cards to post the bond and then get paid back by the defendant on the backend.
One of the first questions in a 1275 hearing that the prosecutor or the defense attorney, depending on who goes first, is whether the surety agreeing to sign for the premium expects to get paid back by the defendant. The answer will have to be no to that question if we want to be in a position to get the bond posted.
Bond Packet
So, what we typically see is what is called a bond packet that's prepared. I usually have the bond company prepare it at my direction and go through everything to ensure it's done correctly. In that packet, you're going to have stuff that substantiates:
- The person that is going to be responsible for the bond premium is not the defendant and is not connected to the defendant financially and
- That person who has the means to cover this bond will not just get the money on the backend from the defendant.
So, the stuff you can expect would be bank statements showing the person has a bank account. I would say at least six months' worth of bank statements, credit card statements if you're going to use a credit card to pay the premium, a couple of years' worth of tax returns should be in there, and obviously, any other relevant documentation that relates to the posting of the bond.
Property Collateral
The other thing you have to look out for is if you're going to use property to collateralize the bond, in other words, back the bond up. Bond companies often want that, and the prosecutors are entitled to check into that as well.
They can ensure that the property is not the defendant's property; the defendant is not a signor on the property and has nothing to do with it.
They'll also examine the property's equity to determine whether using it to collateralize the bond makes sense. In that case, we need mortgage statements.
We need to see who purchased the property, whose name is on the title, and again, that the defendant has no connection to it. So, if you get the mortgage statements and prove that there's equity in a property and who owns it, you're in a good position.
1275 Bail Hearing
When we go into the 1275 hearing, we will first have the defense give all that information to the prosecutor to see if the prosecutor agrees that the bond is adequately collateralized and lifts the 1275 hold.
If that happens, you're in a great position because now you don't have to have a hearing before the judge. The judge will lift the 1275 hold because the prosecutor reviewed all your paperwork.
Sometimes, they'll even talk to the surety, so you want to have those people in court - the person signing for the premium, the person whose property it is, and even some representative from the bond company needs to be there to answer all those questions. So, if they agree, then it's a done deal. The 1275 will be lifted.
If they disagree, the defense is entitled to a 1275 hearing. Witnesses will be called, and all the documentation I've mentioned will be put in.
The prosecutor will get a chance to ask the witness questions, and the judge can ask the witness questions. Then, in the end, the judge will decide whether the defense, by a preponderance of the evidence, has sufficiently shown that this is legitimate money being used for the premium. It is a legitimate property if that's how you're doing it.
Hopefully, this gives you a nutshell version of how a 1275 hold can be dealt with by somebody who knows what they're doing.
If you or a loved one has a criminal matter, you want to get a good defense attorney who knows what they're doing, knows the ins and outs of fighting these 1275 cases, and knows how to defend a criminal case. Pick up the phone. Ask for a meeting with Ron Hedding. Let me use my 30 years of experience for you.
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