If you have been arrested for a crime, there will be a lengthy process even before the trial takes place. Following your arrest, you will be booked, then a judge will review your charges and determine the right bail for your case. This involves standing in front of the judge, the plaintiff, and everyone else in the courtroom to formally hear the charges against you (the defendant). But before the court decides how high or low to set your bail, they will first determine whether you are even eligible for bail. This is dependent on many factors, including:
- The severity of the crime you are accused of;
- The likelihood that you will actually appear in court;
- Your criminal record;
- If the arresting officer has decided to place a 1275 hold on your bail.
While the cost of your bail can vary, there is no denying that it could be a significant expense. For most people, it is incredibly important to post bail immediately and get released so they can go back to their lives. Even though this money will be returned after you have made all court appearances and complied with court orders, there are still several obstacles. Many individuals find themselves unable to return to their normal lives unless they have the money they spent on bail while waiting for trial. Other people are unable to pay what is due because the court has placed a 1275 hold on their bail.
That’s where we can help. Working with an experienced bail agent will make an incredibly stressful experience much easier. It’s important that you contact us even before you know whether you are eligible for bail, because we will monitor your case free of charge until then. If you have a 1275 hold on your bail, call us at (619) 760-2222 for more information on how you can successfully navigate this complex process.
According to California Penal Code 1275.1, bail cannot be accepted by a judge or magistrate if they determine that the funds for the bail were obtained by illegal means. When making an arrest, if the police officer has probable cause to suspect that the money used to post bail will come from criminal activity, then they will place a 1275 hold on your bail. However, both the prosecutor and the judge can also file for a 1275 hold if they have good reason to do so. A 1275 hold is commonly placed on a suspect’s bail when their criminal charge involves money that was obtained illegally. This includes instances of:
- Drug dealing
- Identify theft
- Insurance fraud
Once a 1275 hold occurs, it is the defendant’s responsibility to provide evidence that the money used for their bail is legitimate. A 1275 hearing will be scheduled to review their financial records and any other materials that show the legal means with which they are paying for bail. These can include:
- Bank statements
- Credit card statements
- Proof of income
- Tax returns
Once it has been determined that you are capable of posting bail through legal means, the judge will lift the 1275 hold. Finally, you will be able to work with your bail agent to post your bail bond and get released from custody.
When you or someone you know has been arrested, the last thing you want to worry about is how to navigate the bureaucracy of lifting a 1275 hold. It can quickly become confusing when you take it upon yourself to sort through, collect, and organize evidence just to determine whether you can legally post bail. That’s where we come in. At Balboa Bail Bonds, our team of expert bail agents will walk you through every step of the process and help you determine the best way to have a successful and efficient bail process. Our years of experience and flexibility with financing means that returning to your normal life will be a stress-free experience. Call our offices at (619) 760-2222 for a free consultation.