Penal Code Section 1275 makes illegally obtained bail unacceptable in courts. If the judge or the prosecution team believes the money originates from a felonious transaction, you could remain detained longer. You have a burden to prove that the money is clean. While resolving this matter in person is possible, it means handling people who deem you a suspect. A skilled Palm Desert bail bonds company can help you remove the hold on your bail, guide you throughout the process, and answer your questions.

Everything You Need to Know About PC 1275 Hold

First, it is essential to familiarize yourself with the bail procedure to understand Penal Code Section 1275 better.

Bail is cash the courts require you to post to guarantee you will attend court proceedings and comply with other release conditions. You are innocent until proven guilty, and the court should not keep you detained until the prosecutor proves your guilt beyond any reasonable doubt. However, the judge can deny bail if they believe you are a flight risk or pose a threat to your community.

You could post bail through the following methods:

  • Cash bail — You post the entire bail amount. Different jurisdictions accept various payment methods, including cash, personal checks, cashier’s checks, traveler’s checks, and money orders.
  • Palm desert bail bonds — Irrespective of your criminal charges, securing a release is faster, more convenient, and more accessible with bail bonds since bail amounts can be too high for most defendants to afford. It involves a certified bondsman paying the amount on your behalf in exchange for a 10% non-refundable premium. The company guarantees the court will pay your bail if you skip bail. Please note that the law regulates and bans bondsmen from using feloniously obtained money. Therefore, courts do not have probable cause to believe funds from these firms were illegally acquired.
  • Property bonds — This arrangement involves surrendering a deed to an asset whose worth is equivalent to or exceeds your set bail amount. The court should assess the asset to determine its equity. Common properties used include motor vehicles, homes, boats, stocks, and jewelry.

No matter the kind of bail, the court will reimburse the posted amount once it closes your criminal case, provided you comply with your release terms, including appearing in court hearings. Failure to attend court when required attracts bail forfeiture and failure to appear (FTA) criminal charges.

So, what is a Penal Code Section 1275 hold?

A Penal Code Section 1275 hold occurs when the bail amount is restricted because the prosecution or judge suspects that the cash used as bail is the proceeds of a felony offense.

According to Penal Code 1275.1, any party involved in your arrest, the prosecution team, or the judge can initiate the hold process if they have probable cause that you feloniously acquired the cash used for your bail.

Typically, holds occur in cases involving the following:

  • Money laundering
  • Drug trafficking
  • Felony grand theft
  • Extortion
  • Embezzlement
  • Gang offenses

The bail procedure is suspended indefinitely once a Penal Code 1275 hold is effected. However, you can challenge the hold.

Penal Code Section 1275 Hold for Drug Offenses

Most of the drug-related charges can lead to a Penal Code Section 1275 hold on your bail. If the prosecution team believes that you possessed drugs with the motive to distribute, the team could argue that you obtained the cash available for your bail from selling drugs, making the cash illegal for bail use.

Health and Safety Code 11352 states that possessing controlled drugs with the intent to sell them is a felony. Upon the arrest of an HS 11352 defendant, the arresting police or the prosecution will utilize several legal factors in deciding the intended motive of the drug possession. If the evidence proves that you planned to sell the controlled substances, you will be prosecuted for an HS 11352 violation.

The evidence the prosecution team considers when determining the motive to distribute includes the following:

  • How you had packaged the drugs
  • The quantity of the controlled substance
  • The vast sums of money recovered from you or close to the drugs under investigation.
  • Narcotic packaging materials, like bagels, scales, and other packaging materials found near you

Marijuana Sales Offenses

Although Proposition 64 legalized marijuana for recreational use, the sale and production of cannabis are still strictly controlled. You can only engage in these activities if you are licensed to sell marijuana. Growing or transporting large quantities of cannabis without the appropriate licensing can lead to arrest and prosecution. For many individuals, the crime is a California misdemeanor with a prison sentence not exceeding six months and a $500 fine.

You will face a marijuana felony if:

  • You have several past drug convictions
  • You are accused of selling narcotics to an underage child
  • You have prior serious convictions for violent or sexual offenses
  • The police arrested you for an attempted sale or an actual sale
  • The crime involves a person who is at least 21. Hiring or using an individual under 21 in the production, cultivation, or marketing of cannabis is prohibited.

Penal Code Section 1275 Hold For Manufacturing Narcotics

Under Health and Safety Code 11379.6, it is a California felony to manufacture drugs. Using cannabis to produce hashish could also lead to HS 11379.6 criminal charges.

The crime is severe, carries hefty penalties, and can result in a Penal Code Section 1275 hold on to your bail money.

Other Instances When A Penal Code 1275 Hold Can Likely Occur

Other factors that can result in a bail hold include the following:

  • Driving under the influence (DUI) — The judge could place a hold on your bond if you are facing driving under the influence charges and your case involves significant harm. The judge seeks to prevent you from re-offending and risking public safety.
  • Safety concerns — If you threaten witnesses, victims, or public safety, the court could impose a Penal Code 1275 Hold.
  • Multiple arrest warrants — The court considers a person with several arrest warrants a high-risk suspect.
  • Skipping court appearances — If you are an immigrant or have a history of missing court dates, the judge might consider you a flight risk, which can lead to a hold.

How to Remove a Penal Code Hold

After the judge or magistrate has held your release, you can request a hearing to challenge your hold. During the court hearing, you should demonstrate that you did not obtain the amount through felonious methods. You meet the preponderance of the evidence burden if you can prove that it is more likely to be correct than untrue that your bail money is unclean.

Please note that the law does not ban you, the accused, from acquiring a loan, provided it will be funded and repaid with money not feloniously acquired. That means you can use Palm Desert bail bonds. Also, the law does not deny your right, either personally or through your defense lawyer, bondsman, or loved one, to apply to the court for your release on bail.

After the judge decides that you did not obtain the cash used to pay your bail through unlawful means, they will remove the bail hold, thus enabling you to pay bail. You will pay the authorized bail amount.

You will need the assistance of a seasoned defense lawyer or a Palm Desert bail bonds company. The hold will remain if you lose the court hearing fighting your Penal Code Section 1275. It means you might remain detained pending your court trial.

Documents That You Need to Contest a Penal Code 1275 Hold

The legal documents required to fight a bail hold vary according to the case facts. The list of evidence that you should present includes the following:

  • Two (2) forms of identification
  • Pay stubs of at least 6-months
  • Completed bail bond applications
  • A six-month bank statement
  • Copies of your Palm Desert bail bonds company's valid licenses
  • Invoices and receipts proving you paid the bail bond in full
  • Three (3) copies of relevant documents that are professionally printed and organized in order by the bond company.
  • A notarized and signed affidavit with a testimony stating that the finances used to pay your bail are from sources outlined in the submitted documents.
  • A Penal Code 1275 motion completed and filed by the bail bond agent
  • Six (6) months of debit or credit card statements for the card(s) that made the payment to the Palm Desert bail bonds firm.

What to Do If You Cannot Prove Your Income Source During a Penal Code 1275 Hold Hearing

If you cannot provide your income documents, you should not panic. Your Palm Desert bail bonds company can advise you on alternative documents to use. These documents include the following:

  • Insurance settlements
  • Real estate sale escrow documents
  • Investment income
  • Retirement income
  • Rental income
  • Stocks and bonds
  • Business income statement
  • Tax returns
  • Trust fund account

You can bring someone who can testify about your income source or vouch for your financial status.

How Can a Palm Desert Bail Bonds Company Help You to Remove a Penal Code 1275 Hold?

Penal Code 1275 court hearings are complicated. Therefore, verifying that the funds you are using did not originate from an unlawful transaction requires a professional. Your seasoned Palm Desert bail bonds firm is well-versed in California court procedures and knows how to convince the judge.

The bondsman can also assist you in the following ways:

  • Gathering the relevant documents and presenting them to persuade the court that your money is clean
  • Proving you will utilize your release to improve your life and become a productive, responsible citizen
  • Convincing the judge that you will attend all scheduled court hearings

How Bail is Calculated

Upon being prosecuted with an offense, you should post the bail schedule for the offense at the jail holding you. Most defendants face at least one criminal charge. Every charge has its bail amount. To secure your release, you must post the total bail amount for every offense you are facing. The bail amount varies, depending mainly on the severity of your charges.

To calculate the required bail to secure a release from detention, you must follow the following steps:

  1. Find out the offense with the highest bail schedule amounts
  2. List all your alleged crimes the accused of
  3. If you are charged with multiple offenses against multiple victims or on different dates, list the bail amounts required for those specific charges and include them in your original charge.
  4. Find out if there is any enhancement that requires additional bail. The enhancements include the following:
  • Crimes committed using a lethal weapon
  • Gang-related crimes
  • Prior convictions
  • Crime against the victim below fifteen or over sixty-five (65)
  • Whether you were incarcerated in the last five years
  1. After learning about the base criminal charges and enhancements, you should add the different amounts to determine the total bail amount you must pay to secure your release.

Debunking Common Myths and Misconceptions about Penal Code Section 1275

Understanding the following myths can help you prevent further complications with the court:

  • The hold does not imply you are guilty of the alleged crime — The hold only applies to the source of your bail money and does not indicate your guilt.
  • You cannot post bail if you have an outstanding 1275 hold — You can post your bail after proving you lawfully obtained the money.
  • Judges and prosecutors only scrutinize cash bail — All types of bail are subject to the hold that there is an issue about their source.
  • 1275 holds are unlikely and rare — There are more common, mainly in instances involving questionable financial history or huge bail amounts.

Contact a Reliable and Knowledgeable Bondsman Near Me

If police officers have arrested you or a loved one, the last thing you want to deal with is navigating the complicated process of removing a Penal Code Section 1275 hold. It can be confusing and overwhelming when you gather, organize, and analyze evidence to prove you lawfully acquired your bail amount without professional help. That is where a seasoned Palm Desert bail bonds company comes in handy. The experienced bondsmen at Fausto Bail Bonds can guide you throughout the legal process and assist you in determining the most effective method to post your bail. For many years, we have offered flexible financing to defendants and helped them return to what matters to them the most. Please contact our office at 855-328-7867 to schedule your initial consultation.