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1275 Hold

What is a 1275 Hold in California?

A ”1275 hold” in California is when a hold is placed on a defendant's bail because there is a reason to believe the money used for the bail was acquired through criminal activity, such as drug trafficking.

The name “1275 hold” refers to Penal Code 1275.1 PC, the statute regulating the hold. It states that if probable cause exists to suspect the money or property used to post bail could come from illegal activity, then the bail will not be accepted.

The amount of bail in a criminal case will always vary based on the crime the defendant is accused of committing. Every California County sets its own bail schedule that lists the amount of bail for specific crimes. The hold can be placed on the defendant by the arresting police officer, prosecutor, or judge.

However, it's the arresting police officer who normally places a 1275 hold when someone has been accused of specific offenses, such as:

After the hold is placed, the burden of proof shifts to the defendant. Whoever intends to post bail has to prove the money or property used to post bail came from a legitimate legal source.

After the court places a hold on the defendant's bail, they can challenge the hold at a PC 1275 court hearing. At this hearing, if the defendant can reasonably show the money was acquired legally, the court has to remove the hold.

Based on the case details, a judge can decrease or increase a bail amount. Our Los Angeles criminal defense attorneys will review the situation further below.

What Does the Defense Have to Show? 

Bail is usually set by a criminal judge in a criminal case, but sometimes, the prosecutors will argue for what is called a 1275 hold, which is discussed above.

This basically means that the prosecutors are saying that even though you set bail on this case, your honor, we think the defendant will use ill-gotten money to post that bail.

Therefore, we request that before the defendant can post bail, we make sure that the money being used to post the bail is legitimate and not acquired from the crime.

A perfect example would be, let's say, a drug dealer gets arrested, and there's a $200,000.00 bail set, and then there's a 1275 Hold placed on that person. The drug dealer might be able to use money from drug sales to bail out.

This 1275 hold concept tries to block that from happening.  In other words, the prosecutors say they want to see where this person gets the money to bail out.

If they're getting it from drugs, that's not appropriate, that's not right, and we're able to block that using Penal Code Section 1275 PC.

So, a defendant could be asked to produce financial records at a hearing to prove how you acquired the money being used to post bail or pay a bondsman. The records you could be required to produce include:

  • bank statements,
  • credit card statements,
  • proof of income,
  • car payments,
  • mortgage statements,
  • rent payments

Further, anyone who might appear with you in court, including the bail bondsman, could be used to verify the source of the income to post bail.

The 1275 Bail Hearing

What happens in these 1275 cases, and I've done a lot of them, is a 1275 hearing, which works in a certain way.

For example, somebody may post bail using their parents, and the parents may use a bond company. To pay that bond company, the parents will use their credit cards.

1275 Bail Hearing in California

So, let's say it's a $200,000.00 bail, and I'm now putting the parents on the witness stand to justify where the money is coming from.

So, I would certainly ask the parents, where are you going to get the money to post this bond?

Well, it will be $20,000.00 because the bond agent is charging 10% (sometimes bond agents nowadays charge less, but let's stick with an easy example).

So, we're going to have to come up with $20,000.00.  If they have that type of limit on their credit card, they can use it to pay the $20,000.00 and get the person out.

Then the question is going to be, how will you pay back that credit card you used?

If they've got a job and can show they make, for example, $5,000.00 a month, they've got enough extra money left over at the end of the month to pay the bond company; then they can justify the premium.

Property to Secure the Bond – Collateral

We also might have to look at a house because, in a $200,000.00 situation in a 1275 hold, the bond company will probably want some property put up to secure the bond.

So, if the person flees, the court will look to the bond company and say, we need to get the $200,000.00, so the bond company would have to say, the people gave us the house.

We'd be able to foreclose on the house and get the money. So, a lot of times, we have to present that evidence as well at a 1275 hearing, and in the end, the judge is assessing whether or not the money that's going to be used to post the bond premium and to post a house, if that's the scenario, is legitimate money.

Of course, the key question will be asked of the surety. The person who is posting the bond will ask if you are going to get paid back when your son or daughter gets out, and of course, the answer will have to be no.

If they're going to get paid back with drug money, that defeats the purpose of the 1275 hold, so obviously, that's not permitted. If the judge decides the money used to post bail is from a legitimate source, they will release the hold, and you can post bail to be released from jail.

It's crucial to have a defense lawyer represent you at this hearing who knows how the court operates, including the judge, prosecutor, and the bail bondsman. So, if you or a loved one was arrested and has a criminal case, and you're trying to get your loved one out and getting representation, you've come to the right place.

Pick up the phone. Ask for a meeting with Ron Hedding. I stand ready to help you with the bail issue, and I will also use my 27 years of experience related to criminal cases to assist you. Hedding Law Firm can help you prepare for a successful 1275 bail hearing. We are located in Los Angeles County and offer a free case evaluation.

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