Removing a PC1275 bail hold in Orange County, California
To remove the hold you must request a Bail Hearing. At this hearing the judge must rule the pc1275 hold removed. After the hold is removed you will be able to post a bail bond.
Let’s start with what a PC 1275.1 hold is.
There are other complicated things that can happen with a criminal case however generally when arrested you have a bail amount set for your charges, would choose a bail bondsman and post the bond.
When there is a PC1275 hold it means that you must have the hold removed in court prior to being able to post a bail bond. This can take several days to get prepared and get on calendar in front of the judge.
These holds are generally placed on an arrestee being charged with drug sales, stolen property sales, fraud, embezzlement etc basically any charge that has to do with receiving money from illegal means.
The process is different depending on if you have just been arrested or are currently in jail with a scheduled court hearing already.
Getting a PC1275.1 Bail Hearing on calendar in front of the judge.
If you were just arrested the very first this that must happen is an Arraignment Hearing. Nothing happens until you have had and arraignment. This is the very first hearing where you go in front of a judge. The hearing will go over if you have an attorney or one will be appointed to you, why you have been arrested, what you are being charged with and ask you how do you plea. At this hearing you may request a bail hearing however the district attorney gets three days advance notice prior to this hearing should they choose. It is best to have communication between your attorney and bondsman to give notice to the district attorney as soon as possible.
Preparing for a PC1275 hearing.
Depending on how many people the money is actually coming from, what documentation they can produce makes preparing for this hearing very different on each case.
The more documentation you can supply you bondsman the better. Generally the timeframe to prepare is dictated by how quickly getting the documentation together.
Selecting a bail bondsman with real experience is utmost importance.
Here are some examples of what might be needed from different situations.
Example: If the money was coming from a family member using a credit card.
Borrowing the money from a credit card or bank loan means you don’t have it yet because you are going to borrow it. This means they did not have this money prior to being arrested or charged. In this situation I would have them fill out a standard application and produce ID. I would also have them produce a credit card statement(s) showing this is a credit card and not tied to a banking account, the money is being borrowed. I would also have them put a monthly bills list together showing they have the ability to borrow and pay back the money. Although the hearing is to prove where the money is coming from and not necessarily how this person pays it back the court will be concerned if a person does not have the income or means to pay the monthly credit card payment.
This leads to a concern that this person would put the charge on their credit card and the defendant will get out of jail and give the money to them to pay off their card. This defeats the courts purpose of the PC1275 hold. The monthly income and expense showing a disposable income that can easily pay the credit card payment is what should be done. I would also put proof of this income by including either a few paycheck stubs or bank statements.
Example: If the money is coming from a friend or family members checking or savings account.
In this situation we would take standard application, ID. We would need to prove that the money is in the account and how the money got in the account. The concern of the court will be that the defendant had cash stashed and this cosigner may have deposited the money given to them to pay for the bail bond. The longer the money has been in there the better or if it has been steadily deposited over time from a job or provable income.
We would want to show a few months statements preferably with one or more going back as far as possible. It is far better to have more than not enough. If the money came from a paycheck we would want to show several paycheck stubs and again usually a few may work but it is always best to have some from further back proving how long you have had this income. Bottom line is clearly showing where the money came from and how your bondsman writes his declaration and lays out exhibits.
Example: If the money was coming from a 401k or stocks
This is similar to a bank account where the court will want to see how the money got into the 401k or stocks. This is for several reasons first the stocks could have just been purchased or purchased with the defendant. Second the 401k could have been something the spouse was saving however intermingling of funds would be called out most likely because it could be said that while the defendant and spouse may have only been able to save that money because the defendant was using illegally gained money to cover other expenses.
Now if the money was put into the 401k over a period of many years and the defendant was accused of a one time specific embezzling charge on a specific date it could be different but if the defendant was accused of selling drugs or there is a possibility of the crime being continuous then this would make a difference.
If it comes from a family member other than a spouse questions of whether the person putting the money up has any property, accounts, borrows or has received money from the defendant should be prepared for.
If the money is coming from multiple sources or people the same process must be done for each person and each source. You can have as many people as you wish to pay for the bond but all monies must be accounted for and proved.
Can you make payments on a bail bond with a PC1275 hold?
Example: Payment plan for a bail bond with a PC175.1
The answer is yes a payment plan is acceptable but in this situation we will have to prove as laid out above where the deposit is coming from along with more detail of how and where the person(s) paying the payments will be receiving the money from they will be using to make these payments. Having a detailed income and expense list along with proof of income that shows enough disposable income to cover the payments. Generally this route will be scrutinized by the district attorney more so the the paperwork should be laid out very clearly. In addition the bail bondsman will have to guarantee the court that the only monies they will accept is money coming from the approved source and possibly the approved sources specific bank account. This is because they do not want payment arrangements approved and then cash is handed from the defendant to the bondsman or the cosigner to cover the bond payment.
Will the person(s) putting the money up for the bond need to go to court?
Although the bail bondsman can write a declaration, attach exhibits, show proof and testify under oath that they have investigated the legitimacy of who and where the funds are coming from it is always best to have the person(s) at the bond hearing who are putting the funds up for the bail bond. Again you can go to court and be kinda prepared or go to court completely prepared. Having the person there generally make the DA feel more comfortable about the paperwork presented and they are there to testify to the accuracy of the proof of answer any questions that may pop up. If your bondsman does a great job preparing your case it most likely won’t be necessary for them to actually take the stand.
What is a good reason for the person putting the funds up for the bail bond to not be at the bond hearing?
Some reasonable examples of why they could not be in court maybe they live in another state, they are very old and do not travel or leave their home, they are taking a final exam for college or a license or they are currently in the hospital. Again it is not completely necessary for them to be present in court but if they have the ability to be there they definitely should.
Is there always a bond hearing or can the PC 1275 hold be removed without a hearing?
Yes and no. Yes the the hold must be removed in open court in front of the judge whom decides to lift the hold or not however if the bondsman does a clean and clear declaration with organized exhibits that the district attorney can read and decides it is acceptable the defendants attorney can bring up the bond hearing letting the judge know that a copy has been given to the DA and they are not going to challenge it. The judge will ask the district attorney if they are satisfied and generally the judge will remove the hold without anyone taking the stand testifying.
An experienced bail bondsman is very important and this is why.
Although every bondsman wants every bond there are few that actually have experience packaging and putting on PC1275 hearings. Most will tell you they have done them and its no problem or even that they are good at them. You don’t want to find out at the hearing that they inflated their experience to get the bond.
An experienced bondsman understands that his declaration should be laid out to have a clear easy to read summary front and center instead of in the back.
They should have a great reputation and experience talking with the prosecution.
The paperwork will be clearly spelled out with labeled exhibits for each item moving down the line properly labeling corresponding document.
The summary will be written in such a way that the DA knows by the first page that its all there.
The goal is that they look at the paperwork and realize there is no reason to was their time with a hearing because the paperwork is clean and all there.
Generally the attorney pulls the district attorney aside with the bondsman, gives them a copy of the paperwork for bond hearing and if your bondsman can sum it up quick and clearly it will help the DA not have to spend a lot of time figuring things out.
I am astounded by the number of bondsmen I see in court with a declaration asking for the PC1275 hold to be lifted fumbling through some copies from the clients and not having a solid clear understanding of their clients situation.
You don’t want a combative bondsman on the stand but a smart one who recognizes there will be anything from unanswerable question, questions about things that are not in line or necessary to prove where the funds are coming from and can clearly answer them.
Some bondsmen take the questioning way to personal maybe its because until they get the hold removed they don’t get to make money but when they should have taken it personal was preparing for the hearing.
My name is Chad Conley with Chad Conley Bail Bonds. I have extensive knowledge and experience in the removal of PC1275.1 bond holds. About 9 out of 10 of all my bond hearing the DA agreed ahead of time not hearing was necessary.
What happens after the judge lifts the PC1275 hold?
Orange County’s Superior Courts are all the same in how this is handled depending on if the defendant is in custody or out of custody at the time of this hearing.
If the defendant is in the custody of OC Sheriff they will have to go back to the jail for the sheriff to do what is called the release process. The sheriff computers must be updated with what transpired in the court and usually do about 8-9pm the night of the court date. After the sheriffs computer system is updated they will accept the bond and start the release process which is generally 6 to 8 hours from the time the bond is posted.
If the defendant is out of custody in court then the court will accept the bond. The defendant will be ordered by the court to remain in the court room while the bondsman goes to the bond window and posts the bail bond. The bailiff will take the defendants right thumb print. Once the bond is posted the clerk next to the judge will get an email from the bond clerk. The defendant will then be given permission to leave the court room.
If you have a bail bond with a PC 1275.1 hold please call to walk through your case and let Chad Conley help you get your hold removed and you family or friend out of jail fast.
or Toll Free 855-223-2423