What Is a PC 1275 Bail Hold in California?

If you're charged with a crime in California, the judge will decide whether you need to pay bail for pre-trial release and the amount. Legally, bail money cannot be obtained through illegal means.

If there is suspicion that you used or will use illegal funds to post bail, the court may apply a "PC 1275 hold." This will delay your release, and your defense lawyer must prove the source of the bail funds before you can be released.

A PC 1275 hold is an order placed on a defendant's bail when there is suspicion that the bail money was obtained through criminal activity, such as drug trafficking. The term "PC 1275 hold" originates from California Penal Code 1275.1 PC, which outlines the regulations for such bail holds.

PC 1275 Court Hearing

Once the court imposes this hold, the defendant can challenge it during a PC 1275 court hearing. The court is required to remove or release the hold if the defendant proves, by a preponderance of the evidence, that their bail money was legally acquired.

The bail amount in any case varies based on the crime the defendant is charged with. California counties maintain bail schedules that specify amounts for particular criminal offenses.

Judges can adjust bail amounts up or down depending on case details. Additionally, defendants may request a bail hearing to seek a lower bail amount. Judges also have the authority to set, change, reinstate, or release a defendant's bail during the arraignment.

Key Takeaways

  • Penal Code 1275.1(a) states that bail "shall not be accepted unless a judge or magistrate determines that none of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained."
  • A PC 1275 hold is usually applied when there is suspicion or proof that the bail money or collateral provided to secure a defendant's release is involved in criminal activity.
  • This may include funds acquired through drug trafficking, money laundering, or other illegal activities. When this hold is imposed, it requires proof that the bail money was obtained legally before the defendant can be released.
  • A PC 1275.1 hold can be started by a judge, prosecutor, or arresting officer if they have probable cause to believe the bail money is (or will likely be) linked to criminal activity, fully or in part.

Common Types of Drug Crimes

This type of hold is most frequently requested when the criminal charges involve illicit funds, such as:

When a PC 1275.1 hold is placed on your bail, it suspends the bail process entirely. This means that even if you have the required bail amount or someone to post bail for you, you cannot be released from custody unless the hold is lifted.

What Does PC 1275 Say? 

Penal Code 1275 PC says, "(a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of their appearing at trial or a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information in a report prepared per Section 1318.1.

PC 1275 Bail Hold in California

(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.

(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.

(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances. It shall set forth those facts on the record. For purposes of this subdivision, "unusual circumstances" does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses."

Can a PC 1275 Hold be Challenged?

If a PC 1275 hold is placed on your bail, you can challenge it. The judge will conduct a 1275 bail hearing, where you and your attorney must present clear evidence that the bail funds are from legal sources.

Typically, this evidence includes financial documents such as:

  • bank statements,
  • credit card statements,
  • pay stubs, and
  • income tax returns.

These should definitively support the defendant's assertion concerning the legal origin of the funds. Your lawyer may also present testimonies or affidavits from individuals who can confirm your financial situation.

For instance, if the bail was borrowed from a friend or family member, that individual could be asked to testify or submit a written statement detailing the terms of the loan.

Post-Hold Legal Proceedings

If your attorney proves the legality of the bail money by a preponderance of the evidence, the PC 1275 hold is lifted, and you can be released on bail.

If you cannot provide substantial proof that no part of your bail comes from illicit sources, the hold remains in place, your bail is denied, and you are effectively denied bail pending trial.

Sometimes, a bail bondsman can help remove a 1275 hold. Contact the Hedding Law Firm for a case evaluation.