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.

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