When one of your loved one is arrested, all we are after is to get them out as quickly as possible, without knowing the whole process of bail and the stress associated with it. The Bail process in California and all of its counties is no Walk in the park and requires a thorough understanding of the California Penal Code.
Usually when a person is arrested due to a criminal activity, they have a right to be released while the case is pending. A proper bail schedule has been compiled by all the judges for all the crimes that a person can be charged with. The bail amount can go higher, at the arraignment (first court hearing) with the severity of crime, outstanding warrants, a past criminal record, the likelihood of the accused turning up in the court and lastly, if there is a 1275 bail hold.
What is a 1275 Bail Hold?
The 1275 refers to the section 1275.1 of the Penal Code that implies that if there is a reason to believe that the money being used to post bail is from doubtful and/or from illegal/criminal activity, the bail will not be accepted until the integrity of that money is revealed and justified in the court. This hold is referred to as 1275 Bail Hold.
How to lift a 1275 Bail Hold?
1275 bail holds are usually issued on defendants detained under crimes related to drugs, theft, fraud (cheque, mortgage) embezzlement, and extortion. Stolen goods etc. in order to lift a bail bond, the accused must appear before judge in a special hearing designed to give a chance to prove that the collateral being used for the bond came from legal sources. The court must be content that the money being used for bail is not acquired through any criminal deed.
Proving the integrity of the money can be a difficult and a long process. A calendar date must be set for a 1275 bail hearing. Also, the presence of the defendant’s lawyer,Bondsman is a must along with only those people who are connected with corroborating the source of the money used for bail.
What is Required to Lift a 1275 Bail Hold?
You can be caught up in a lot of paperwork, as the judge wants a complete picture of the financial situation of the defendant. The accused is expected to present everything that can defend the integrity of the money used to post bail. Bank statements, credit card bills, debt, car insurance, utilities and any other monthly payments, are all expected to carry the weight of the decision by the judge.
Honesty plays a key factor in lifting a bail too. Clients worry too much about saying the “right thing”, little do they know that there isn’t any wrong thing as long as it is the truth that they are saying. For instance if the client has less than a 100 dollars left in his bank account by the end of every month yet he is sure that he can pay 500 dollars every month to the bondsman, then something clearly, is wrong somewhere.
Being dishonest about where the income comes from can leave the defendant in a disadvantage and perhaps in more trouble.
So there you have it. A little what and how of a 1275 bail bond. Its always advisable to hire an experienced attorney to handle the bail as it can be a hard pill to swallow otherwise.