1257 Hearing Holds

1275- Hearing & Holds

LakeWood Bail Bonds 1-800-598-BAIL (2245) we handle all bonds including 1275 Hearings and holds. Call Toll-free 1-888-869-9989
In many cases, especially where drug traffickers, financial crimes or transient crimes families are involved, defendants have holds placed on their release because someone in the system feels that illegal monies are being used to get the person out of jail. Where trafficking is involved and financial crimes are involved, the activities themselves can generate large sums of untracked money stolen or hidden to be used in case of emergencies. California law deals with this situation in Penal Code section 1275
Penal Code section 1275 allows law enforcement to have conditions put on your bail if they can make a showing that there is reason to believe the bail money and/or the security for the bond has been illegally obtained. The police, the prosecutor or the court itself can have this type of hold on a defendant’s release if they have probable cause to believe that any bail money in the case would be from ill-gotten gains. If the source of the hold is from the police or the prosecutor, they must file a declaration under penalty of perjury setting forth probable cause to believe that the source of bail monies has been feloniously obtained.
If this happens in your case, the “burden of proof” shifts to you to prove by a “preponderance of the evidence” that no part of the monies or security was obtained feloniously. LakeWood Bail Bonds can help you bring a motion to prove that the bail monies or security are proper.
If you have legitimate sources of funds and security for your bail, you should be able to prove it. Cash is the least impressive commodity for a court to evaluate. Of course, cash can be totally legitimate, but it is hard to determine if cash comes from a legitimate source or an illegitimate source. Cash is a “red-flag” for the courts. It signals a high probability that the money is illegal.
1275.1.(a) In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6(commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6(commencing with Section 11350) of Division 10 of the Health and Safety Code.
(c) Before a court reduces bail below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision,” unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
1275.1. (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(b) A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs: (1) A peace officer, as defined in Section 830, files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (2) A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph. (3) The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
(c) Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by feloniously means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail.
(d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825.
(e) Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained.
(f) At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person’s right to privacy in his or her financial affairs.
(g) If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set.
(h) Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on bail.
(i) The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing.
(j) If a defendant has met the burden under subdivision (c), and a defendant will be released from custody upon the issuance of a bailbond issued pursuant to authority of Section 1269 or 1269b by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court.
(k) As used in this section, “feloniously obtained” means any consideration, pledge, security, deposit, or indemnification paid ,given, made, or promised for its execution which is possessed ,received, or obtained through an unlawful act, transaction, or occurrence constituting a felony.