Understanding the PC 1275 Hold: Protecting the Bail System

What is a PC 1275 Bail Hold?

A PC 1275 hold occurs when a police officer, prosecutor, or judge believes that the money or collateral used for bail originates from criminal activities, such as drug sales. This hold is authorized under California Penal Code 1275, which allows the court to place a hold on bail to ensure it is not funded by illicit means [1].

Suppose the court places a hold on your bail. In that case, you can challenge it through a separate PC 1275 court hearing. If you can show, through a preponderance of the evidence (more likely true than not), that your bail money was legally acquired, then the court must release the hold

Understanding PC 1275 Bail Holds

A PC 1275 hold is applied when there is suspicion that the bail money comes from illegal activities. The amount of bail varies depending on the crime, with each county in California having specific bail schedules for different offenses. Judges have the discretion to adjust bail amounts based on case details, and you can request a hearing to ask for a bail reduction.

PC 1275 holds are common in cases involving drug trafficking, money laundering, gang-related crimes, and extortion. If a judge suspects that illegal funds are being used to post bail, they can place a PC 1275 hold, delaying your release until you prove the legitimacy of your bail money. This ensures that the bail is not secured through criminal means, maintaining the integrity of the judicial process.

Also Read: What When Judge Denies Bail?

Can I Challenge a PC 1275 Hold?

According to SCLG, if there is probable cause that your bail money originates from a crime, resulting in a PC 1275 hold, you have the right to request a court hearing to challenge it [2].

At the hearing, you have the burden of proving that the bail money is “clean.” “Clean” simply means that the money did not come from an illegal activity

The burden of proof is “by the preponderance of the evidence,” which means you must demonstrate that it is more likely than not that the bail money is legally obtained.

To prove the legality of your bail money, you can present evidence such as:

• Credit card statements
• Bank statements
• Tax returns
• Pay stubs
• Loan agreements
• Sales transactions

Additionally, you can have witnesses testify or submit affidavits to support the lawful nature of the money used for bail.

What Happens During a PC 1275 Hearing?

According to LACD, In a PC 1275 case, a hearing is conducted to determine the legitimacy of the bail money. These hearings follow a specific process to ensure that the funds used for bail are not derived from criminal activities [3].

Example of a 1275 Bail Hearing in California
Consider a scenario where someone needs to post a $200,000 bail using a bond company. The individual’s parents decide to use their credit card to cover the bond agent’s fee, typically 10%, amounting to $20,000.

During the hearing, the parents would be called to the witness stand to explain the source of their funds. Questions would include:

Source of the $20,000: How will the parents pay the bond company?
They might use their credit card, provided they have sufficient credit.

Repayment Plan: How will they pay back the credit card?
If the parents have jobs and can demonstrate a steady income, such as $5,000 a month, they need to show they have enough disposable income to make the required payments.

The hearing focuses on verifying that the bail money is legitimate and not connected to any illegal activities, ensuring compliance with California’s bail laws.

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References:
1. https://www.keglawyers.com/pc-1275-hold-in-california
2. https://www.shouselaw.com/ca/blog/what-is-a-pc-1275-hold/
3. https://www.la-criminaldefense.com/what-is-a-1275-hold-in-california