1275 Bail Hearing
A 1275 Bail Hearing is a court hearing whereby the judge inquires as to
the legitimacy of the source of the bail funds. If the judge determines
the bail money used to secure the release of the defendant was a product
of criminal activity, then bail would be denied.
Under California Penal Code section 1275.1, upon a declaration of any peace
officer, prosecutor or judge, a
hold (commonly known as a 1275 Hold) will be placed on a defendant's release
form custody if there is probable cause to believe any portion of bail
money or security for a bail contract was obtained by illegal means. Typically
a 1275 Bail Hearing is required in cases involving crimes such as theft,
embezzlement, drugs, or stolen goods. The court must be satisfied that
a defendant is not using drug money or any money obtained from the commission
of a crime to post bail.
Once a defendant is placed on a 1275 hold he or she will not be released
on bail until they can prove, by a preponderance of the evidence, that
the bail money to be used is from legitimate sources. Present at the 1275
Bail Hearing are the defendant's lawyer, cosigner, the bail bonds
company, and any party that can provide relevant testimony regarding the
sources of funds used to post bail. The court often requires a full financial
picture of the person who posted the bail, be it the defendant or a third
party. This financial picture will likely include but not limited to:
one year's worth of bank statements, tax returns, credit card statements,
car, rent and utility payments and any other monthly payment information
as well as the testimony of any third party who has put up collateral
for the bond.
This hearing generally occurs at a defendant's first court appearance,
his or her arraignment. If a defendant's attorney does not have the
proper documentation and is not ready to proceed with the hearing, a separate
hearing will be held to determine the issue. Once a defendant proves the
bail money was obtained legally, he or she will be released from custody
on bail. A defendant who misrepresents their finances at a 1275 Bail Hearing
will be subject to an increase in bail.
If you require assistance with bail or a 1275 Bail Hearing
contact a skilled and experienced criminal defense attorney to assist you with your bail needs or answer your questions regarding bail.