It is likely, there is a 1275 hold in place on the bail.
Understanding Bail in California
Upong being booked in, a bail amount is set for the crime allegedly committed. The bail amount is determined by a bail schedule, which is created by each separate county in California. At the arraignment, also known as the first court hearing, the person charged may learn the court has decided to either lower or raise the bail amount. The factors that determine the court’s decision regarding the bail amount are: if the accused has an outstanding warrant or criminal record; the severity of the crime; if the individual can be trusted to appear in court; and if a 1275 hold on bail has been placed at the time of the arrest by law enforcement.
If booked in jail, it is highly advantageous to contact a California criminal defense attorney before arraignment takes place. An experienced attorney often can get the court to let the accused out on his own recognizance or convince the court the bail amount should be reduced.
If bail is determined, the person charged could be told he or she must post bail in cash, which can be up to $100,000 and typically is no less than $10,000. Another bail option used in California is the bail bond. When this is established, the accused must promise in writing to appear in court and then a bail bond agent posts the bail amount for the individual.
This usually requires the person to provide the bail bond agent with collateral, which may include a vehicle, home or anything else valuable. Someone booked in to jail also may be given the option of a property bond. The property being used as equity must be worth double the set cash bail amount, however.
Defining Penal Code 1275.1 and the 1275 Hearing
According to Penal Code 1275.1, money or property suspected to be obtained illegally can’t be used to post bail. The arresting officer may have reason to believe the money or property being used to post bail was stolen or obtained through illegal activity.
When this is the case, a 1275 hold is put in place. Often, a 1275 hold is used when the suspect has been charged with a crime or crimes revolving around drugs, embezzlement, theft and/or extortion. Probable cause must exist for a 1275 hold to be used. To post bail, the accused has to provide proof that the money or property was not obtained through illicit activity.
If a 1275 hold is in place, a 1275 hearing takes place to review the accused’s financial documents. Often, the individual must provide records, including proof of income; proof of rent or mortgage payments; car payments; bank statements; credit card statements; and tax returns.
It is beneficial to have a defense attorney present at the 1275 hearing to help verify the records being used. The 1275 hold can be removed by the judge if he or she believes the money or property being used for bail was not obtained through illegal actions. A skilled attorney can speak on your behalf regarding the validity of your finances and belongings. For more information on a 1275 hold, contact my office today!