When you, an immediate family member, or a friend have been apprehended, the last obstacle you want to face is navigating the bureaucracy of removing a PC 1275 hold. Gathering and organizing proof to demonstrate that your bail was not feloniously acquired can be confusing and daunting. Therefore, you should partner with an experienced bail bonds company to help you sort out the hold and resume your daily life.

PC 1275 Hold On Bail Overview

To understand PC 1275 better, it is critical to comprehend bail bonds.

The collateral, pledge, money, or indemnification you deposit with the court to secure your pretrial discharge and guarantee you will appear for future hearings is bail. An arrest and filing of criminal charges is the first stage in a lengthy legal process that you must undergo before resuming your usual life. You must present yourself in court for the arraignment proceeding, preliminary hearing, and trial. Also, your attorney will often meet with the district attorney to try and reach a settlement outside court.

The justice system does not want you to remain in jail until the end of the case, as the law presumes you are innocent until proven otherwise. However, they cannot release you after the charges because they are not guaranteed future court appearances. Therefore, they impose bail to ensure that after you have been charged with a criminal violation, you will present yourself in court when ordered until a verdict is issued on the case.

When bail is set for the alleged violation, you deposit cash or property for the court to hold on to while you resume your routines. After the presiding judge issues a verdict, the court refunds your bail.

Bail is provided in bail schedules and varies from one court to another. If you appear before a judge for a bail proceeding, they will rely on the schedule to set your bail. These are the only individuals with the authority to adjust the figure provided on the schedule by increasing or decreasing it by following the provided guidelines.

You will be discharged once your bail is determined and you have cash to pay it upfront. However, if before your release, a law enforcement officer or prosecutor files an affidavit claiming they reasonably believe some or all the money used to pay cash is obtained from felonious activity, the court will put a hold on bail. The judge also has the authority to hold bail if there is probable cause that the indemnification, promise, or consideration used to execute the bail is unlawfully acquired.

Therefore, a PC 1275 hold, per PEN 1275.1, is when the court prevents you from exiting custody after depositing bail when they suspect the money is proceeds of felonious activity like extortion, identity theft, drug crimes, theft, embezzlement, or insurance fraud. IPC 1275 does not apply to misdemeanor offenses. The hold is placed on bail to allow for a hearing to determine the legitimacy of the funds used to pay bail. A hold indefinitely suspends your release until you can prove to the court with a preponderance of proof that the bail funds are legitimate.

Drug Crimes Hold

When charged with a drug offense, the court is likely to place a hold on your bail when you pay the funds upfront in cash. When your count is for narcotics possession for distribution, the police, DA, or judge can make a case that there is probable cause that the cash or consideration you are using to execute the bail could be a result of your past drug distribution activities and, therefore, should not be accepted.

Health and Safety Code (HS) 11352 classifies drug possession for distribution as a felony. After arrest for narcotics possession, the police or DA must establish your intentions for the possession. You will be charged with an HS 11352 violation if the following facts are true:

  • You were packing the narcotics in your possession into small packs.
  • The medications in your possession were not for personal use because of their large quantities.
  • You had weapons in your possession.
  • You had drug packaging devices like scales and baggies.
  • You possessed large amounts of cash.

Apart from the quantity of drugs on you, several other factors determine if you intend to distribute the controlled substances.

Marijuana Sale PC 1275 Hold

The passage of Proposition 47 legalized the recreational consumption of marijuana. However, the sale or production is severely restricted and is only permitted to individuals with state licenses. Growing more than the controlled number of marijuana plants or possessing at least an ounce of the controlled substance can lead to arrest and criminal charges if there is proof of intent to distribute. Under normal circumstances, marijuana possession to sell is a misdemeanor that attracts at most half a year in jail and court fines of no more than $500.

Nevertheless, in some circumstances, the offense is a felony and carries harsh consequences. Also, you must deposit a hefty bail to exit jail for the offense pending trial. Circumstances that make the sale of marijuana a felony are:

  • You have several previous convictions.
  • You have a violent felony or sex offense conviction.
  • The arrest was a result of an attempted or successful sale.
  • You were selling the marijuana to an underage person.
  • The marijuana sale involved an individual aged at least 21, employing or partnering with a person younger than 20 in the production, planting, or distribution of marijuana.

When your marijuana crime is a felony, your bail is likely to be placed on a PC 1275 hold when you pay bail in cash, as there will be suspicions that the funds used to secure your pretrial discharge are from your past marijuana crimes. However, when you explore options like bail bonds for a pretrial discharge, your bail will not be put on hold because you are dealing with licensed Norco bail bonds.

Drug Manufacturing

HS 11379.6 criminalizes the production of drugs or narcotics. Methamphetamine production is the most common drug manufacturing offense. Also, the use of cannabis to produce concentrated marijuana or hashish, can attract drug manufacturing charges. The offense is linked to drug sales or distribution, making it severely punished. When you use cash to post bail after an arrest relating to drug manufacture, your bail could be put on hold, so you should explore other options like bail bonds.

Contesting a Hold

Can you contest a hold? Yes. After the magistrate or judge presiding over your case establishes probable cause, the consideration to execute bail is a proceeding of felonious activity and places a hold on bail; you should request a hearing immediately to show that no portion of the funds is from illegal activity. You should schedule the hearing immediately because your pretrial release will be delayed until you demonstrate your bail money is legitimate.

When the court schedules a date for the PC 1275 proceeding, you should start preparations immediately because you will have the burden of proving with most of the evidence that your money is clean. During preparations, you must know that the judge will require several documents to show the source of the funds. The paperwork you will need varies based on your case. Usually, the DA requests pay stubs and income statements from the previous six months. Besides, you should have your debit or credit card statements when you pay bail using a card. You can demonstrate that your money is from a legitimate source by producing the following documents:

  • Tax returns.
  • Bank or income statements for the previous six months.
  • Pay stubs from the last six months.
  • Filled out bail application forms.
  • Loan agreements.
  • Sale transactions.
  • Credit card reports.
  • Copies of your bail bondsman’s valid license.
  • Two copies of your ID.

Affidavits or witness testimonies supporting the legitimate nature of your funds can also be presented as proof.

For example, you are apprehended for drug trafficking, and the court sets your bail at $600,000, and your wife consolidates the funds to pay cash bail. Unfortunately, the judge has probable cause to believe that the funds used as bail are from previous drug trafficking deals and thus puts a PC 1275 hold on the money so that you can prove the funds are legitimate.

In the proceeding, your wife will report how the bail money was obtained by taking a mortgage on the family home. She also furnishes the court with mortgage documents to back up their claims. When your wife convinces the court with a majority of proof that the cash is legitimate, they will lift the suspension on bail, allowing you to reunite with your family.

If you have trouble proving your income, you should contact a Norco bail bondsman to help you find alternative documents showing the funds utilized for bail are clean. Other documents that can demonstrate your income:

  • Trust fund accounts.
  • Tax returns.
  • Company income statements.
  • Retirement income.
  • Rental income.
  • Investment income.
  • Stocks.
  • Bonds.
  • Insurance settlement.
  • Escrow paperwork for sale or real property.

Lifting the Bail Hold

When you demonstrate by a preponderance of the evidence that the funds used to post bail were lawfully obtained, the court will lift the hold and allow you to exit jail on bail pending trial. During the hearing, ensure you have a competent attorney and bail bondsman. If you have witnesses who testify on your behalf, bring them to court or record their statements so that you can present them in court to demonstrate the legality of your money.

You should take the hearing very seriously because if you cannot convince the judge that the funds used to post bail are from a legal source, the hold will remain in effect, extending your stay in custody until the close of the case. However, do not lose hope even if the decision by the court in the PC 1275 hearing is unfavorable. Some criminal cases take months or years to conclude, and you do not want to spend all this time behind bars when you have not been convicted. Therefore, after the money used to post bail has been rejected because of its unlawful source, you should contact a Norco bail bonds firm to post bail on your behalf for a small fee. The advantage of using a bail bondsman is that the court knows the source of their money is legitimate. Hence, they are less likely to place a hold on the funds, which will translate into an affordable and effective pretrial release.

How Bail Bonds Work

When you have been charged with felonies like embezzlement, identity theft, drug offenses, or extortion, the court sets hefty bail. Even if you have the money to pay bail in full, do not do so because the court is likely to place a hold on bail as the money is expected to come from criminal activity. Therefore, the safest way to exit jail without delay is by hiring Norco bail bonds to deposit the funds.

Similarly, when bail is high, you are likely unable to afford the funds, or it could take a long time to consolidate the funds. Instead of remaining behind bars for months until you can raise the funds required for bail, you should talk to a bail bondsman to offer financial support. All you need to do is contact the company and provide them with your personal information and details of the crime leading to the arrest.

Once you have given all the details of the case, the bail bondsman will assess the risk of your case, and you will deposit a non-refundable fee, usually 10% of the bail, for the Norco bail bonds service. The bail bondsman will begin your pretrial discharge after paying the premium costs and signing the contract. Ten percent of full bail seems like a small fee, but if your bail is hundreds of thousands of dollars, it can be difficult to raise the money. However, you can discuss a repayment plan to pay the money over several months with the company.

When the risk of non-compliance with pretrial discharge conditions is high, your Norco bail bonds company will require you to put up collateral to secure the bond. In the event they forfeit the bail, they will auction off collateral to recoup their investment.

Find a Competent Bail Bondsman Near Me

For many arrestees, posting bail immediately after arrest is essential. Posting bail in cash is a quick way to exit jail, but it comes with obstacles because of the delays and deductions when obtaining a refund after the case closes. Also, your release could be indefinitely suspended if the funds are placed on a PC 1275 hold. At Fausto Bail Bonds, we can help you navigate the bail process or PC 1275 hold for a fast release. Call us at 855-328-7867 to schedule an appointment in Norco.