In California, generally DUI cases are charged under sections 23152(a) and 23152(b) of the Vehicle Code. These sections make it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle, and provides that it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. If injury is involved due to an accident, there is a specific Vehicle Code section related to this situation.

When a person is stopped by police, officers request the DUI detainee submit to a (FST) field sobriety test, Officers often request that a person submit to a field breath test (Breathalyzer) called a (PAS) preliminary alcohol screening test. An FST can include a series of different movements and actions the officer uses to determine if a person is driving in an impaired state. This is how the officer develops the final portion of his probable cause to affect an arrest for driving under the influence.

After being arrested and booked at the county jail it’s now time to post bail. Next is arraignment, at this point you should receive a copy of the complaint. The complaint spells out the charges the District Attorney intends to charge you with in the criminal court. You or your lawyer may enter a plea and the prosecution will make discovery items available to the defense. Some the possible pleas that may be entered by you or on your behalf through legal counsel are not guilty, guilty and no contest. The plea choice may come with serious consequences and should be thoroughly investigated and or discussed with a lawyer until you feel comfortable with the decision you’re making.

Pleading not guilty and heading for trial

At trial, the prosecutor has an obligation to prove each and every element of its case beyond a reasonable doubt. That means if it’s a jury trial all twelve jurors must agree on you guilt or innocence. You have many rights in this situation. As an example of some of your rights, the right to a speedy trial by jury, the right to be silent and not incriminate yourself; the right to confront and cross-examine witnesses, the right to call witnesses, the right to present evidence, and the right to an attorney. Even if you cannot afford an attorney one will be appointed for you by the court.

If your convicted (through plea or found guilty by jury) of a DUI, a first time conviction generally has no additional jail time, fines and assessments (about $2000.00) various fee’s and restitution, possible license restriction, DUI offender driving school (must be approved by DMV), and some probation time. (Usually court summary) For each additional conviction (2nd&3rd) the fines and consequences increase up-to but not limited to jail time. Upon conviction of a 4th DUI within ten years the standard misdemeanor charge can increase to a felony. Upon conviction of any felony a person may be sent to state prison. Persons finding themselves in a situation of multiple DUI’s should seek the advice and direction of an attorney.

The California Department of Motor Vehicles has an administrative process which DMV determines whether a person convicted of DUI should retain their driving privileges. Even though a court orders a certain license disposition, DMV may try to tack on an additional penalty or restriction, suspension or revocation. It’s important to immediately request a DMV hearing in all DUI cases. If a DUI defendant fails to properly request such a hearing within 10 days of arrest, the hearing right may be waived.

Although sometimes it seems that DUI court proceedings are somewhat informal, they carry serious consequences within the criminal courts and administratively through the DMV. This information has been provided for informational purposes only and should never be relied upon as legal advice. For further information and advice I highly recommend you consult with an attorney experienced with California DUI laws.

Penal Code §4019 (a) (1) &(4) provide for conduct credits earned for “good time” and “work time” of pre-sentence incarceration in a county jail facility or state prison. (CDCR) Subdivision (a) (1) also allows for these credits to apply post-sentence for incarceration in a county jail.

Determining eligibility, the new rules for custody credits apply to most defendants, some exceptions are;

1. Registered sex offenders.
2. Serving time / convicted of a violent felony listed in Penal Code §667.5 (c).
3. Persons with a prior violent felony conviction.
4. Pre-sentence credit for a person sentenced to the state prison for a life term.
5. Persons serving post-sentence time on an alternative sentencing program.

All eligible defendants will now receive two days of additional credit for every two days of “actual jail custody time” that they serve. I.e. a defendant sentenced to 60 days in jail will serve 30 days of actual jail time. Previously two thirds were required to be served, reducing a sentence by one-third for good time / work time credits.

The formula for determining time served credit is much simpler with the new revisions to Penal Code §4019. Days credited are deducted for each four day period in which a person is confined. Subdivision (f) provides that four days have been served for every two days spent in “actual custody”.

There is controversy brewing over the application of the new statute’s changes to county jail commitments and has prompted the introduction of two bills that are now pending in the Legislature to limit application of the formula increasing credits earned to only inmates committed to state prison. You should follow the pending legislation to keep current on any and all changes that may affect the way custody credits are calculated.

As of April 2010 there is a split in appellate decisions whether the new changes to Penal Code §4019 apply retroactively to pre-sentence custody credit calculations when a defendant was sentenced prior to the January 25, 2010 change in the statute. Three cases, People v. Brown, People v. House, and People v. Landon, (all 2010 cases) all held that the defendant is entitled to the new “half time” calculation. One case People v. Rodriguez reached a contrary conclusion. A hinge point seems to be Penal Code §3 specifying that no part of the Penal Code is retroactive “unless expressly so declared”. Once again it’s important to keep current on the changes and decisions made on this issue. Always consult with legal counsel to be sure you have the most current information.

• 2010 Felony Bail Schedule - El Dorado County
• 2010 Misdemeanor Bail Schedule - El Dorado County

How the Jail handles the bail amount totals varies from county to county. Some counties maintain the policy of "Stacking" bail. In this system all charges carry a specific amount and are added together, the sum is the amount that the accused must pay for release. Other counties may use only the highest bail amount to determine the total bail.

How to Determine Bail in El Dorado County

El Dorado County is a little Different than most counties in their policy of determining total bail amounts. All misdemeanor counts of a crime are stacked (bail amounts are added together) and felonies are only stacked if the crimes occurred in succession of time ex. burglary, led to hit and run, hit and run led to evasion. Warrants are always stacked for they are different case numbers.

Every person has a Constitutional right protecting them against unreasonable searches and seizures. (Fourth Amendment) The Fourth Amendment was ratified as a means to guard against abuse of the writ of assistance, better defined as a “general search warrant” in the American Revolutionary times. The Fourth Amendment specifies all searches and arrest warrants be sanctioned judicially, and supported by probable cause. In 1961 the Supreme Court ruled the 4th Amendment to applicable by way of Due Process outlined in the Fourteenth Amendment.

The 4th Amendment specifically only applies to government employees, and does not protect you from searches and seizures (reasonable or unreasonable) conducted by a private citizen, and only applies to criminal law with no protection under this amendment for civil law.

The Supreme Court has ruled that searches and seizures can violate the reasonableness required pursuant to the 4th Amendment in certain cases. However, not all actions by governmental authorities to obtain or collect information and evidence on a person constitute a search. The actions of governmental authorities are what trigger the protections guaranteed pursuant to the 4th Amendment. If no search occurred, there may be no necessity (requirement) for a warrant. On the contrary if a search occurred there may be a necessity (requirement) for a warrant.

In 1968 the Supreme Court ruled that in certain circumstances police officers (governmental employees) can conduct limited warrant-less searches with suspicion levels less than that of probable cause in certain circumstances. In certain situations officers may conduct a “pat down search”. This activity is primarily done for the safety of the officer (s) and to determine if a “suspect” has a weapon of some sort. An officer needs to articulate specific facts in order to justify their actions; a vague hunch does not work.

The 4th Amendment mandates a law enforcement officer receive permission from a court of law (Judge or Magistrate) in order to lawfully search and seize evidence in the course of investigating a crime. The permission granted by the court is called a warrant. When a law enforcement officer conducts a search and seizure without a lawfully issued warrant it may be considered unreasonable and or unconstitutional. However there are certain exceptions that allow un-warranted searches and seizures.

Prior to 1914 evidence was allowed to be admitted into a criminal case no matter how it was obtained. The Supreme Court adopted the “exclusionary rule” in Weeks vs. United States. Other decisions came shortly after giving further protection of the 4th Amendment. One such ruling dealt with tips resulting from illegally obtained evidence is also inadmissible in trials, known as “fruit of the poisonous tree”. The main function of this protection is to deter law enforcement officers from violating suspects 4th Amendment rights.

Through the years courts have established exceptions to the warrant requirements, for example:
Plain view, with probable cause and a reason to be present an officer may seize objects that are in “plain view”.

Open field, fields, water, woodlands etc. may be searchable without a warrant. The expectation of privacy level is far less than that of a person’s home, person or vehicle. The Supreme Court has ruled in a 1924 case that the 4th Amendment protection does not extend to open fields.

Curtilage, the outdoor area’s immediately surrounding a home may be protected, and considered an extension of a person’s home. Therefore subject to privacy protections afforded in the 4th Amendment. To fall outside of the realm of cartilage interpretation there may need to be a great distance, fence, plants, etc to separate the area and be considered an open field.

Exigent circumstances, an exception to the warrant requirement may be an exigent circumstance. This happens when a law enforcement officer reasonably believes there is a need to protect life or property. When a search is not motivated by intent to arrest or obtain evidence an un-warranted search may not violate persons 4th Amendment rights.

Vehicles, persons in automobiles generally have a lesser expectation of privacy. A vehicle usually does not serve as a person’s residence or repository of personal belongings. A law enforcement officer needs some sort of probable cause and a reasonable belief the vehicle, occupants, and/or contents are connected with criminal activity. As a general rule items in “plain view” may be seized with out a warrant.
Searches at time of arrest, its common and has been found to not violate the 4th Amendment to search an individual incident to an arrest. Two major factors come into play, 1. Officer safety, the officer needs to check for weapons. 2. Preservation of evidence, the officer needs to gain control of evidence to prevent destruction by the arrested party.

Example; It’s reasonable for the officer to search the area within the arrestee's immediate control, that is, the area from which the defendant may gain access to a weapon or evidence. A search of the room in which the arrest is made is therefore permissible, but the same is not true of a search of other rooms, as the arrestee would not probably be able to access weapons or evidence in those rooms at the time of arrest.
Borders & Airports, a person, vehicle, and personal effects may be searched without a warrant at any United States boarder or international airport. The “border search” exception even relaxes the necessity for probable cause. While at a border crossing or international airport any person may be searched at random with virtually no violation of his/her 4th Amendment rights. However a search that intrudes on a person’s dignity and privacy must be supported by reasonable suspicion.

Misc. exceptions, some of the other exceptions used for the basis of a warrant less search are; Public Schools, Government Offices, Jail and Prison Cells, Searches Made With Consent.

Fourth Amendment protection does not apply to an arrest and or seizure by a private person. (Citizens Arrest) Most states have laws governing the specific circumstances when a private person may arrest another. Some general examples of when a private person would make an arrest would be when a felony or misdemeanor crime has been committed and possibly witnessed by the arresting citizen. The arresting citizen should have a reasonable belief that the person arrested has committed the crime. A private person making a citizens arrest has no qualified immunity and may face a civil lawsuit if they’re mistaken.

This information has been provided as a reference, and should in no way be relied upon as legal advice. If you have questions or concerns of a specific matter you are encouraged to seek the advice of a competent attorney.

Well maybe not exactly like Dog, but a bounty hunter just the same.  The job of a bounty hunter is to arrest fugitives running from the law. It is a dangerous? Sometimes sure, but that's half the draw right? If you think that a career as a bounty hunter is right up your alley here are the steps needed to do it legally.

Advice: Fugitive Recovery agents come through our office all the time trying to get business. We have only used a few. If you want to get into this business be ready to bring something extraodinary to the table. You must be effective and be able to back it up time and time again. Remember, it takes years to build a great reputation, and only a day to ruin it. That being said, here are the legal requirements.

1. Complete a 40- training course at an accredited community college that teaches individuals how to become a Fugitive Recovery Agent. This course should include a course about the power of arrest course pursuant to Penal Code Section 832.
2. Complete a 12-hour, pre-licensing bail education course that is compliant with the Insurance Code Section 1810.7. Go to bailschool.com to see class schedules.
3. If you are planning on carrying a weapon you must complete the P.C. 832 Firearms course. You must obtain a firearms permit from your county sheriff and carry the permit with you wherever you go.
4. Complete an 8- hour course that focuses on duties of a security guard and the power to arrest.
5. Complete the training course successfully to become licensed.

After you have completed all the requirements above you can start make contacts in the bail industry and offer your services as a fugitive recovery agent. This business can be lucrative, it is competitive. In order to break into this business you must be persistent, resourceful, and able to bring results every time. Remember, the act of physically restraining the Fugitive and bringing him/her back into custody is only the end of the hunt. First you must convince a Bail Agent to entrust their liability to you, then find out where the Fugitive is residing. My advice is to plan your strategy on all these fronts before you start taking classes. Don't start this endeavor until you are sure you can stick with it for the long haul. Good Luck and Happy Hunting.

The police must advise suspects of their Miranda Rights, the right to remain silent, the right to an attorney, the right to an appointed attorney if they can’t afford one, prior to conducting custodial interrogations of a suspect. However, If the suspect is not “under arrest” (i.e.: in police custody) there is no need for the police to warn a suspect of his/her Miranda Rights.
The police have become very aware of when they have to advise suspects of their Miranda Rights. Police may question a suspect, intentionally telling the suspect, "You are not under arrest at this time”. After the suspect answers questions voluntarily, sometimes even if he refuses, he is still arrested. The questioning being non-custodial may even be admissible in court. After the arrest the police may have no interest in further questioning, and therefore may never advise the suspect of his Miranda Rights.
Occasionally, a suspect makes a voluntary statement after the arrest. Police rarely warn a suspect not to make any voluntary statements. However, if a statement from a suspect leads to the discovery of additional evidence, even though the statement itself was received in violation of the Miranda Rights ruling the prosecution may still be able to use this evidence against the suspect at trial.
If a person suspected of a crime chooses to remain silent after receiving the Miranda Rights warnings, their silence cannot be used against them in court.
If you learn you are under investigation for a crime, you can prevent pre-Miranda silence from becoming an issue by advising the police, “My attorney advises me not to talk to the police without him present.” It’s perfectly acceptable making your attorney be responsible for your choice to remain silent.
If police try to ask questions after your arrest, they should cease all forms of questioning if you exercise your Miranda Right to remain silent or you request your attorney to be present during questioning.
A person being questioned by police needs to be aware they use different and sometimes very convincing techniques to change a suspects mind about remaining silent. One technique is to simply use silence against a suspect to coerce them to tell their side.

When in doubt you should contact an attorney before entering into questioning with the police. If you have something to say that will exonerate you from the accusations an attorney can assist you to convey your information to the police.
 

Many people don’t realize that you have a statutory right to inspect the majority of California's public records using the state's California Public Records Act (CPRA). The text of the CPRA is found in the California Government Code, sections 6250 & 6253, which states that any individual, corporation, partnership, firm or association, whether in or out of California, can inspect public records.

 Public records are known as the peoples business.  You’re not required to explain why you are making the request. There is an exception, if you request the disclosure of the address of any individual who has been arrested, or the current address of the victim of a crime, you must state whether the request is made for a journalistic, scholarly, political or governmental purpose, and declare that the information will not be used to sell a product or service. Also an agency may refuse to provide a record if, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [Cal. Gov't Code § 6255]. There are other exemptions that can be found in Cal. Gov’t Code § 6254. 

You can inspect all "public records" of the government bodies subject to the CPRA. The term "public records" is broadly defined to include information relating to the conduct of the public's business that is prepared, owned, used, or retained by any state or local agency regardless of what medium it is stored in. Keep in mind that public records will not extend to personal information of public officers deemed unrelated to the conduct of public business.

Making A Public Record Request 

You are not required to make a written request to receive the public documents you want to inspect. If you have a common request, you can start by making an informal request for the records in person or over the telephone to the agency you’re seeking records from prior to invoking the law. If the agency you speak with cannot grant your request, it should be able to provide you with the necessary steps for making a formal request. 

Although you are not required to do so, sending your request out in writing may help you to obtain the records you want faster. Your written request should be addressed to the public records/information officer of the agency, and should include: 

Your name, address, email address and telephone number (you can make an anonymous request).  (Example: Use your favorite letter head with your return/contact information.)

Advise the agency/department you are seeking records from that you are making a Public Records Act request. (Example: Pursuant to the California Public Records Act (Government Code Section 6250 et seq.), I ask to obtain the following information, which I understand to be held by your agency/department.)

As clear of a description of the record(s) that you are seeking, if you’re uncertain of how to correctly describe the record(s) you wish to obtain, a description of your purpose in seeking records and a request that the agency assist you to identify the record(s) you seek.                                   (Example: I am seeking the vehicle mileage log records for vehicles assigned to your department.) 

Date limits for any search (if any), be as specific as possible to help expedite your request.  (Example: The dates of the records I am seeking are January 1, 2006 through December 31, 2006)

With hard to find records try to provide as many search clues you can.         (Example: I am seeking information on the usage and efficiency of vehicles assigned to your department. If I can provide any clarification that will help expedite your attention to my request, please contact me at the above phone number.) 

Always include a statement that if portions of the records are exempted, the non-exempt portions of the record(s) still be provided to you.                   (Example: If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. If you determine that any or all of the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. )

Include limitations on costs. A good rule of thumb is requesting to be notified if the cost of your request will exceed a certain dollar amount. (i.e. $15.00) (Example: I ask that you notify me of any duplication costs exceeding $15.00 before you duplicate the records so that I may decide which records I want copied.)?

You can request either to view your record(s) or to have copies made. Viewing records at the agency's office may be quicker, this will give you the opportunity to narrow the list of documents you want copied, therefore reduces your copying expenses. 

Government Bodies Covered By CPRA 

You can inspect and or copy the public records of California state offices, officers (including emails), departments, divisions, bureaus, boards and commissions, you can also inspect and or copy the public records of local agencies, including counties, cities, schools districts, municipal corporations, and nonprofit entities that are legislative bodies of a local agency. 

Government Bodies Not Covered By CPRA

You will not be able to access records from the California state legislature or its committees, or the state courts under the CPRA. Keep in mind, an agency may refuse to provide a record if, in a particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [Cal. Gov't Code § 6255].

Exemptions to the CPRA (Partial list)

*The department/agency is able (however not required) to refuse disclosure if one or more of the following exemptions applies. The CPRA spells out a long list of specific exemptions [Cal. Gov’t Code Section 6254] including;                                                                                                                                                                              

*Pre-decisional, communications which are not retained by the public agency in the ordinary course of business need not be disclosed if the public interest withholding those records clearly outweighs the public interest in disclosure.                                                                                                                                                                       

*An internal agency document assessing agency vulnerability to terrorist attack is exempt. An internal agency document assessing agency vulnerability to terrorist attack is exempt.                                                                            

*Records are exempt under CPRA if disclosure is exempted or prohibited pursuant to federal or state law.                                                                                                                                                         

*Agencies/departments are exempted from disclosing records concerning employee relations.                        

*The records of complaints, investigations, intelligence records, security procedures and other documents of law enforcement agencies considered exempted from disclosure.                                                                  

*Test questions, scoring keys and other material used to administer licensing and other examinations are exempt from disclosure.                                                                                                                                                            *Real estate appraisals or engineering or feasibility estimates and evaluations used for the acquisition of property.                                                                                                                                                                                      *Library records identifying the borrower of items are exempt from disclosure.                                                   

*Personnel, medical, wage, financial, job applications and similar matters are exempted from disclosure. *Litigation as it applies to documents to pending legal matters of which the public agency is a party, including attorney work product and documents produced by the agency in anticipation of litigation. 

Honoring Your Request 

Agencies are required to provide you with prompt access to the records you request. Upon making your request to inspect records, you should recieve immediate access to those records during the hours set by the agency for inspection of records. If you request copies, the agency must decide within ten days whether copies will be provided, except in unusual circumstances, the agency may grant itself an extension of fourteen days. "Unusual circumstances" means an agency needs to: 

*Search for and collect the requested records from outside the office processing the request.                                          

*Search for and sort a voluminous amount of records in order to fulfill your request.                                              

*Seek advice from another agency with an interest in the determination of the request.                                   

*Compile data, write programming language or create a computer program. 

Allowable Fee’s 

A government agency can only charge you the "direct cost" of duplicating records unless it is authorized by statute to charge a reasonable flat fee. In the case of documents, "direct cost" means the cost of photocopying (approximately 10 to 25 cents per page). In the case electronic data, "direct cost" can mean the cost of producing a copy of the record in electronic format (the cost of the disk, as well as the cost of constructing the record, programming and computer services if this is required). 

The statutory fee may be higher than the direct cost of duplicating, but cannot exceed what is reasonably necessary to provide the copy. In either case, staff time spent searching for and reviewing records cannot be recovered. The CPRA has no fee waiver, agencies have the discretion to waive or reduce fees. Any waiver of fees is at the sole discretion on the agency/department you’re dealing with. A public agency may charge a fee for a copy of a public record in an amount that is either (1) based upon and limited to the "direct costs of duplication" or (2) authorized and determined under some other statute. North County Parents Organization v. Department of Education.

How to Handle A Denial of Your Request

There are several options Available to you if your request be denied. First, try to work with the person you are dealing with. If the agency is relying on an exemption, request that they waive the exemption because exemptions are permissive, not mandatory. If that fails, ask the person to release the nonexempt portions of the record with the exempt portions removed or redacted. 

If you get frustrated by your conversations with your first point of contact person, ask to speak to a supervisor within the agency and explain your position. Request to see whether the agency has a process in place to appeal the denial. Some agencies have created a formal process for appeal and some agencies have not adopted an appeal process. 

If an administrative appeal is not available, or if your request is denied after an administrative review, now you are entitled to seek court review of the denial. [Cal. Gov’t Code §§5258-5260]. 

They’re Your Records Demand Access 

The records held and maintained by a governmental agency/department are your business. You should have equal and unobstructed access. It’s the peoples business, that’s why the California Public Records Act exists. Access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. The CPRA does not differentiate among those who seek access to public information. If a record is public, as defined by or construed under the CPRA, all persons have the same right of access.  

These public lands are enjoyed by tens of thousands of people each year in a variety of activities. Certain regulations have been established to encourage visi- tors to have a safe visit to the forest. Regulations for safe shooting are to provide for safety, protection, and enjoyment of all forest visitors and for the natu- ral surroundings. As a recreation shooter using the Federal lands, it is your responsibility to conduct your sport safely. You must be aware of and comply with all state, county and federal laws pertaining to the possession and transportation of firearms and to do it without damage to other forest users and to the natural envi- ronment. There is private land within forest boundaries; per- mission must be obtained from the landowner to en- ter the land. Valid California hunting licenses are required when hunting in the Sierra National Forest. Know and follow all California State Fish and Game rules and regulations.

SHOOTING REGULATIONS

The following forest regulations need to be fol- lowed during your visit: * Do Not fire any tracer bullets or incendiary am- munition. (36CFR261.5(b) * Do Not shoot at, injure, remove or destroy any natural feature or any federal property (36CFR261.9(a) (includes rocks, brush, trees). * Do Not use a firearm or any other implement capable of taking human life, causing injury or damage to property. (36CFR261.10(d); 1) In or within 150 yards of a residence, building, campsite, developed recreation site or other occupied area or; 2) Across or on a Forest Development road, or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result of such discharge. 3) Into or within any cave. * Failing to dispose of all garbage, including any paper, can, bottle, sewage, waste water or mate- rial, or rubbish either by removal from the site or area, or by depositing it into receptacles or at places provided for such purposes. (36CFR261.11(d) Please keep your forest clean. Pack out and remove ALL target materials, shells and boxes. Failure to observe these regulations can result in a citation by a Forest Officer or any Peace Officer. These fines are punishable by up to a $5,000 and or six months in jail.

SHOOTING SAFETY

* Do Not shoot in an area that has been closed to the use of firearms.

* Shoot at targets using a safe backstop, know the target, the backstop, the area behind, and surrounding areas before you pull the trigger.

* Do Not use bottles as targets or other glass ob- jects.

* Visitors using paintballs, please clean up all marking debris and follow all rules. All Are Welcome The United States Department of Agriculture (USDA) prohibits dis- crimination in its programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status (not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of pro- gram information (braille, large print, audiotape, etc.), should contact USDA's TARGET center at 202-720-2600 (voice and TDD).

To file a complaint, write the Secretary of Agriculture, U.S. Department of Agriculture, Washington DC 20250 or call 1-800-245-6340 (voice) or 202-720-1127 (TDD).

In many cases a 1275.1 (California Penal Code) hold is placed on a defendant with drug related allegations, financial crimes or any other occasion that investigators or District Attorney’s (even a judge) believe the bail funds “may” be obtained feloniously. The accused have holds placed on their release because someone in the legal system feels that illegal monies may be being used to release the accused from jail. In any such occurrence where crimes are alleged involved, the activities can generate large sums of un-traceable money (hidden, stolen, ill-gotten) and used in case of emergencies. California law deals with this situation in Penal Code Section 1275.1

When an arresting officer or judge has questions as to the source of funds which may be used for bail, they can file an affidavit and declaration asking for a 1275.1 hold be placed on the accused prior to a release on bail.  

The 1275.1 motion (Application for Release on Bail Bond) can be heard at the first court hearing, the arraignment. If the accused is not prepared to provide the necessary documentation meeting the courts requirements, an additional hearing may be necessary. It’s not uncommon for there to be multiple hearings in a case with a 1275.1 hold placed on the accused. 

The rationale behind placing a 1275.1 hold on the accused is to show the court that the funds used to pay for the bail bond, and all collateral pledged (if any) to guarantee the bond, did not originate from any criminal activity. (Feloniously obtained)

At the 1275.1 hearing the accused’ lawyer, the bail agent, and other persons involved with the bail transaction (including the indemnitor (co-signer), owner of any real property being pledged for collateral) may also have to be present to give testimony as to the assets being used to gain the courts approval and subsequent removal of the 1275.1 hold placed on the accused.

Being successful at this hearing will depend on the experience level of you bail agent Your bail agent will need to provide the District Attorney, as well as the judge, documentation legitimizing the source of funds and collateral to be pledged for the bail bond. It’s important to include bank statements, credit card statements, tax returns, investment account statements, financial affidavits, real property ownership information, and even a signed declaration from the pledging parties.  Due to the nature of these types of cases, each case has distinctive differences. We assist you with the specific needs for your situation. 

Working with you and all parties involved, our 1275.1 trained bail agents get you through this process with as little stress and inconvenience as possible. Our agents understand exactly what you’re going through; we take care of the details so you don’t have to.

FAQ about a 1275.1 hold/hearing;

What is a 1275.1 hold?

The accused is being held in jail until it can be proven that the source of funds pledged for a bail are not feloniously obtained. A hold is place on the accused, thus meaning a bail bond cannot be posted without a court hearing to establish where the bail funds are coming from and their legitimacy.

Who places a 1275.1 hold?

A police officer can request a 1275.1 hold be placed, the District Attorney’s office can request a 1275.1 hold be placed, or a Judge can place a 1275.1 hold on its own motion.

Who has the burden of proof that my bail funds are legitimate?

The accused bears the burden of proof. The accused or his representative must convince the Judge by a preponderance of evidence (more likely than not) that the funds to be used for bail were not feloniously obtained.

Can an application for release under 1275.1 be denied?

Yes, if the court concludes that the source of the bail bond is a product of criminal activity, the bail bond will not be accepted, or if bail has already been accepted, it will be returned. If the court believes the assets or monies used for bail are illegally obtained, or represent the business expense of a criminal enterprise, and therefore there may be minimal incentive for the accused to appear in court, the application for release can be denied.

What types of funds will the court accept?

There are several places funds can come from. Keep in mind that the DA and the Judge are going to evaluate the types and sources of funds you offer. An important issue to overcome is proving that any funds used in the bail transaction have NO connection with the accused charges. Examples: savings accounts, retirement accounts, credit cards, investment accounts ( stocks, bonds, mutual funds) college funds, any other common acceptable method of keeping and maintaining money.

What are feloniously obtained funds?

The law considers any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for the bail which is possessed, received, or obtained trough an unlawful act, transaction, or occurrence constituting a felony. In a nut shell, funds or property considered by the court to have been obtained illegally.

Do I have to be employed?

No, as the co-signor or indemnitor of the bail bond, employment is not a requirement. If you’re employed, it’s best to provide solid proof of employment.

Are all my financial affairs discussed in open court for the public to hear?

We can request that the court close the 1275.1 hearing to the public. Your personal and financial security is a concern to us, so we make every effort we can to protect you as our client.

Can the bail bond premium be loaned to the accused rather than considered a gift?

Yes, nothing in 1275.1 prevents the accused from borrowing bail monies. However, it will be the accused burden to prove that the funds to be repaid such loan, will not be feloniously obtained.

How long does the 1275.1 process take?

Once the application for release is filed with the court, the court has 24 hours to have a hearing. In the event no hearing is held within 24 hours, 1275.1 specifies the defendant shall be released from custody upon posting the bail amount set.

Who should file the 1275.1 application for release?

The law allows an attorney, bail agent, family member, or friend. It’s not recommended for a family member or friend to file this application and attempt to present the necessary information to the court to be successful. An attorney or bail agent that has both training and experience dealing with 1275.1 holds should take the lead. Often times you only get one chance to remove the hold. Making multiple attempts can severely diminish your chances of success.

Are 1275.1 hearings a long process?

Not always. With an experienced author of the application for release, declarations, and combining relevant exhibits, a 1275.1 hearing can be very short. It’s very important to select someone trained and experienced with these sort of hearings.

What happens after the hearing?

After a court hearing, the Judge will sign an order releasing the 1275.1 hold on the accused. At this point the bail bond can be executed facilitating the release of the accused.