A 1275 hold means that a defendant’s bail is held due to suspicion that the bail money stems from a felony. This hold is called “PC 1275 hold” because Penal Code 1275.1 PC sets forth the hold’s regulations. Getting fast help with 1275 hold for your loved one can make the difference between hours spent in jail or months.
If a defendant’s bail is withheld, they may challenge the hold at a PC 1275 court hearing. This hearing only requires the defendant to show that their bail money was legally obtained.
Bail amounts can vary depending on the type of crime committed and are determined by the bail schedules of California counties. Defendants are allowed to request bail hearings for bail amount reductions, and judges have the power to modify a defendant’s bail amount. This all can occur at the defendant’s arraignment but most cases require a separate court hearing after the initial arraignment.
What Is a 1275 Hold?
A 1275 hold halts a defendant’s bail when there is suspicion that the bail money originates from a felony. This regulation is coined “PC 1275 hold” due to its basis in Penal Code 1275.1 PC. After a PC 1275 court hearing, a defendant’s bail may be contested by demonstrating that the funds were legally obtained.
California counties maintain schedules of bail amounts that differ by offense. A defendant’s bail amount can be changed by a judge, who possesses the ability to adjust it at arraignment or upon a defendant’s request.
1275 Holds Are Usually Applied To Cases Such As:
- Charges Involving Drug Sales Or Manufacturing
- Extortion & Blackmail
- Grand Theft
- Gang Enhanced Charges
How Do You Challenge A 1275 Hold In California?
When bail money is suspected of being associated with a crime, a PC 1275 hold can be put on an accused, sparking their opportunity to request a court hearing to challenge the hold. In this hearing, the defendant must prove that the money was not obtained through illegal activity, with a burden of proof by a preponderance of evidence.
To increase the chances of demonstrating that bail funding was legally obtained, a defendant can submit items such as bank statements, credit card slips, tax returns, and sales transactions, along with bringing witnesses to testify.
More information here is better, get help from your attorney or work with our office to ready all documents that would help prove your legitimate funding for your bail bond. Oftentimes, bail bondsmen work hand in hand with your attorney to get your bond approved.
When our clients need help in court for this motion, let us know ahead of time and we will show up with all the right information in hand to help you get your 1275 hold released.
What Is The Removal Of A PC 1275 hold?
When bail money is suspected of being involved with a crime, a PC 1275 hold can prevent an accused from getting out of jail. To contest the hold, the defendant must prove that the money was obtained through legal means.
Such proof could include bank statements, credit card slips, tax returns, sales transactions, and witness testimony. To succeed in a court hearing, a defendant must demonstrate that the funding arrived lawfully.
Two types of people in California can help with getting your 1275 hold lifted. Those are an experienced attorney on the matter and your bail bondsmen. Abba Bail Bonds will work hand in hand with your attorney to help get this hold lifted if possible. Use our online form to apply for a bail bonds online. Get help with 1275 hold law when you contact us at Abba Bail Bonds.