California Penal Code Section 1275.1
PC 1275.1 states that if there is probable cause to suspect that the money or property used to post bail may come from criminal activity, bail will not be accepted. This is commonly known as a 1275 hold. The hold can be placed by the arresting officer, a prosecutor, or a judge.
The arresting officer is usually the one who places a 1275 hold. It is standard practice to place a 1275 hold when arresting suspects who have been accused of certain crimes involving illicitly obtained money, such as
The person who places the hold must have probable cause to suspect that any money used for bail might come from criminal activity. After the hold has been placed, the burden of proof shifts to the accused, or whoever wishes to post bail. The person who intends to post bail must prove that the money/property used to post bail comes from a legitimately obtained source.
The 1275 Hearing (PC 1275)
The 1275 hearing may occur at the first court appearance or at a special hearing to determine the 1275 issue. You have the right to a closed 1275 hearing to avoid disclosing information about your finances in open court.
You will be asked to bring financial records to the hearing that can show how you obtained the money you are using to post bail or pay a bondsman. The records you’ll be required to show may include:
- Credit card statements;
- Rent/Mortgage payment documentation;
- Bank Statements;
- Car Payments;
- Tax Returns;
- Proof of income.
People who may appear with you in court include your attorney, bail bondsman, and anybody who can verify the source of income you are going to use to post bail.
If the judge ascertains that the money or security used to post bail comes from a legitimate source, the hold will be removed and your bail will be accepted.
It is critical to have an attorney represent you at this hearing who has experience in the court that has jurisdiction over your case, knows a bail bondsman, knows the prosecutors and judges, and is familiar with how that particular court works.