Legal Terms, Issues, Common Misunderstandings, and More!
This month, let’s talk about the shock many people have experienced when they try to bail out after being arrested, and are told there is a “1275 hold” on their release conditions. What exactly is that type of hold, and what are the next steps?
First, here is the section of the penal code that allows the criminal justice system to place the hold on their release:
Penal Code 1275.1 The defendant may be held in custody if a peace officer, prosecutor or judge has probable cause to believe that the source of any consideration, pledge, security, or deposit was feloniously obtained.
Many courts automatically place a 1275 hold on drug cases of any quantity, as well as numerous fraud and financial crimes. Take note. The court will not take any action to remove the hold unless information is presented from your side to satisfy the District Attorney, and/or the court as to the means of security and money used to meet the bail conditions. Basically, that means you have to assemble a team of experts to show the DA/Court that the premiums and collateral used in the bail arrangements were NOT obtained by illegal means.
Here is where a “Bail Expert”, as we discussed earlier, comes into your life. Sometimes it is possible for our company to present the information, bank records, tax returns, payroll checks, mortgage documents, and others to the District Attorney, who may release the hold if the information is complete. However, we know that you may not have all the written documentation, and direct testimony may be required in court. We have worked with hundreds of attorneys to obtain the necessary documents and information to present the case correctly. There are numerous reasons that the 1275 hearing may be denied, such as incomplete information and unprepared witnesses. As the Bail Expert, we spend the necessary time to gather and prepare the information FOR THE ATTORNEY, who can then do their job in the presentation to the judge. Remember, you do not want the attorney to sort and gather the information because they will charge you for their time. Unless it’s extraordinary, this work is part of our fee Even if you have been denied once, our expertise, and a little more information, allows us to analyze the past effort and, with your help, compile a different approach to a successful release