Penal Code 1275 PC: Proof of Funds
When a 1275.1 hold is placed choosing the right bail bondsman the first time is critical. Don’t make the mistake so many of our clients have made by choosing an inexperienced company (bail agent) to handle this complex bail motion. Gold Country Bail Bonds has trained and experienced agents ready to assist. Removing the 1275 hold (source of funds) needs to be done right the first time.
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.
January 30th, 2010 - 17:39
What if 10 hrs after court with satisfying proof and clean source of money it has been accepted and the Da and Jugde both are in agreement to drop the 1275 hold.The full bond amount is 100,000. So 8,000 is need for bail. Which is already in the bondsman possession .Court is finished by 12:15pm.The defendants in the jail side awaiting the signed hold drop until 9:oopm. At that time the lawyer and bondsman are wanting to know what the hold up is. They are both informed that he has a 1275 hold still and no bail can be posted. Between 12:30 pm-9pm they lost the court docs and he needs to be held another 3 days. Court happen to be on a Friday.The defendant, the lawyer and the bondsman never received their copies. On Saturday the defendant is informed it shows no record of his appearance in court on Friday at all. The 1275 hearing had been on docket since Jan.19th.Can the lawyer and Da rethink their decision and claim they never lifted the hold to begin with? Since there seems to be no record of it at all. The defendant has a prior drug conviction back in 1986 (age 18) He did 10 years.He has been out trouble for 16 years. He has a family and owns his own company. His supposed charge is “sales of controlled substance to an undrcover totalling $ 3200.00. Which suppose to have happen back in July 09, he was arressted on Oct.29th. He was arrested in one county and transported to another county,started with no bail. His house was searched and no monies ,weapons or drugs were found. They left with a business card of his company and an old pennysaver reciept for his companys advertising, a dmv notice regarding his vehicle which they impound, seized and sold and his county bill for a prior DIU back in 2003. Time of arrest they found no drugs on him , in his vehicle ,or in his house and on something that supposedly happened 5 months prior. Also the prosecuting DA happen to on one his early cases back in 1986 and the DA lost his case. He is now heading this case. He had a total of $110.00 in cash on him at time of his arrest. He had a negative ch.acct. a overdrawn business acct and his cable, home phone and internet service had been shut off and he was almost 2 months behind in his rent. The truck they seized was approximately 9 months behind in payments and the fiance company had won a judgment against him court regarding the truck.S o i guess after all that, Do you agree with the 1275 being placed on him to begin with? Is this a typical 1275 case? I have been told by 4 bail bonds man that $100,000 bail is outrageous.The Da also demanded the hold only be lifted when the actual $ 8,000 was posted.He would not allow any collateral period,even the bonds man did. The bail bondsman is the one taking the risk. They should be ones to be concerned. Da was provide with business lic.degree from the school and even a list of clients awaiting his services. He is a electrican. Names,numbers,description of job and amount due on jobs were provided. Was not good enough. Had 2 family members loan $100, and another $200, a friend loaned $100 and his best friend provide $500 with notarized signatures due to that one lives in MI ,one in Tenn and another in Az and proof where all monies came from,still denied. So i guess my questions is. Does all this seem like a normal 1275 or is this Da taking this to the extreme and With such a hatred for the defendant he could he end up possibly making this 1275 stick even with the legal money and under oath statements and proof of all money trails.Half money from direct deposit from IRS tax returns and another is his mother in law put a title auto loan against her car. Sorry I know there is alot of info. Would like another prospective from someone not involved personally,but understands the penal code 1275.1 Thank you for your time
February 5th, 2010 - 18:31
I do find it odd that the court could not find any record of the hearing. The bail is high to be sure, I am not familiar with the bail schedule in Florida or the defendants criminal history so I could not tell you if it is excessive for the alleged crime. 1275 holds can be tricky, but it does sound like you have all the paperwork needed to get it lifted. Keep on it, and stay organized. If only some courts would stick to this policy there wouldn’t be mix ups like you have had to deal with. Best of luck to you and your family.