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The problems many clients cause themselves when trying to get a bond reduction

The problems many clients cause themselves when trying to get a bond reduction

Someone has been arrested and their bond has been set so high there is no way you and your family can post the bond. You need a bail bond reduction. Whether this is because the premium or because of the collateral needed you are faced with the fact that bail bond amount must be reduced to get them out of jail or they are stuck.

Usually the first problem I see is that clients do not listen or hear the advise of their attorney.

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I can’t count how many times I have seen this and it hurts to watch over and over. Here is what I mean. You get one shot at a bond reduction hearing and unless there is a change of circumstance in the case you are stuck with the outcome. This means that if you are not successful at getting the judge to reduce the bond you are forced with the defendant stuck in jail or finding the money and collateral to pay for the existing bond amount.

When a family member is arrested emotions are high and the clock is ticking. Clients want the attorney to jump in and make it happen and fast often times feeling if they are not quick about it that they are not a good attorney or doing their job.

 

If you attorney tells you that you are not ready for a bond hearing you should listen as to why.

The attorney knows that first off its generally an uphill battle and that they only have one shot. Being prepared is important but getting case information from the Police or District Attorney quickly isn’t going to happen.

The bond amount is set based on multiple factors such as the CA Bail Schedule, the charges, the defendants likeliness to show up in court, danger to the community etc. In order for them to argue why your bail should be reduced they must have all of the things that will hurt or help your argument.

Being prepared means not only hearing what the defendant says happened but what the police report or DA file says after all this is what your bail was set based on and this is what your fighting. In addition they need to know if the defendant had priors, felonies, misdemeanors, failure to appears even on traffic tickets, what the police report says, who else is involved and what are the positions in the case meaning who is charged with what.

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Timing – when you ask for the bond hearing is another big factor.

 

All cases are different as are district attorneys and judges. When you go to court, what judge is on the bench and what district attorney you get makes all the difference. An example of timing would be you have a case where they are charging 8 people with gang and conspiracy charges and the judge has denied the others a reduction that morning. If your attorney wants to hold off on the hearing, try to move it to a different day, DA or court room you should listen. Lots of people become google lawyers but don’t understand the matrix and/or politics of it all.

If you want the best chance at getting a bail bond reduced then select an attorney you trust and listen to their advise.

Some things your Chad Conley Bail Bonds can offer that in some cases may help get the bail reduced.

For some drug use cases a GPS monitor and/ or admittance into an in patient rehab facility may also be helpful but usually on drug or alcohol cases which are generally not considered large bond cases and often the cost of the GPS will add up to more than the bail premium saved. But in some cases it is helpful. If you would like to talk about your bail bond amount to see if a reduction is possible or have any questions regarding bail bonds please call me.

Chad Conley

855-223-2423

How to remove a PC1275 hold on a bail bond in Orange County

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.

 

Chad Conley 

714-716-5035

or Toll Free 855-223-2423 

www.ChadTheBailGuy.com

855-223-2423 Chad Conley Bail Bonds

 

 

 

 

 

 

 

 

 

 

 

 

What is different about a bail bond for a sexual assault?

 

The differences for a sexual assault charges that affect the bond:

The biggest difference is these cases seem to have bail bond changes more often than other charges. Having a good bail bondsman is very important because often these changes will require your bondsman to rewrite the bond or give credit towards a new bond or you will pay twice. These are just a few things that happen more often in a sexual assault case.

  • Late filing or filing by DA after the court has exonerated the original bond
  • Charges originally filed are often changed or increased requiring a new larger bond
  • Bonds reduced or increased will affect premium and collateral used for the bond
  • Restraining orders are often place against the arrestee making living arraignments difficult

California Penal Code 243.4 – Sexual Battery

Sexual battery as (which is also called sexual assault) is a serious battery offense under California Penal Code Section 243.4 that can carry severe consequences such as prison time and registration as a sexual offender.

What elements must the district attorney have to prove for felony sexual battery?

  • The defendant (or an accomplice) unlawfully restrained another person. Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.
  • While this person was restrained, the defendant touched an intimate part of this other person or touched this other person with his or her own intimate part.
  • The touching was done against the other person’s will.
  • The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
  • The defendant must have touched the bare skin of the other person’s intimate part.OR the other person’s bare skin must have touched the defendant’s intimate part either directly or through clothing. Intimate part is defined as the anus, groin, sexual organ or buttocks of anyone and the breast of a female.

What is the difference between a Misdemeanor and a felony sexual assault?

Misdemeanor sexual battery removes the requirement that the other person be restrained and that touching be made on or with bare skin. Example: someone fondles a woman’s breast through her shirt could be prosecuted for misdemeanor sexual battery as long as the victim was not restrained. If restrained it could be charged as a felony assault.

If you need a bail bondsman who understands sexual assault bonds and specializes in helping people charged with felony and misdemeanors.

I will explain the bail process so you can make an informed decision.  I am Chad Conley the owner of Chad Conley Bail Bonds and I specialize in bail bonds for sexual assault charges. I will give you the lowest priced, honest, straight forward, professional, private, experienced care you need.

Please call me to discuss your case at 855-223-2423

Arrested for California Penal Code Section 273.5?

 

California Penal Code Section 273.5 and 13700-13702 are the state laws that give definition to domestic violence in California Superior Courts.

It states: “Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $6,000 or by both that fine and imprisonment.

What are the differences between a domestic violence bond and other bonds?

– First Domestic Violence Bonds are probably the only bond that the reported victim is generally the cosigner for the bond

– Secondly domestic violence PC 273.5 bonds often have problems other bonds don’t have. The biggest problem that often happens is a person is arrested and a bail bond is posted. Court dates for DV are generally within 5 days which is very fast. This doesn’t give the District Attorney’s office much time to file charges. If you show up at your court date and charges have not yet been filed the court will automatically exonerate/ void the bail bond 15 days after this date. If charges are filed after this time you will most likely show up at court and need a bail bond.

– There maybe temporary/ restraining orders in place between the defendant and others that maybe part of the bond

What happens if the District Attorney declines to file charges?

There are many times when someone is arrested by a police officer or sheriff for domestic violence and the district attorney does not pick the case up. This means the DA does not chose to file charges against who was arrested. This can happen for several reasons such as there isn’t enough information or proof to win the case. This means you were arrested and posted bond but the case is not being filed against you.

Will you still have to pay the bondsman if the charges are not filed?

The straight forward answer is yes. Across the board when a “Bond” is posted the premium is earned the moment the defendant either steps foot out of jail or court. The liability could be for a day or a year or longer but it starts the minute a person is released. Very often initially no charges are filed within the 15 days or even 60 days and the client don’t want to pay the balance only to find out they need another bond and are happy they did because the bondsman can reassume the original bond and save you a lot of money.

What should I do if they call from jail?

Remember that the phone is recorded. You do not want to discuss any part of you case over the phone. Make sure you ask them what police or sheriff department they are at? Make sure you get their exact spelling of their name and date of birth. Remind them to not talk to the police until they have a criminal defense attorney with them.

If you are wanted for questioning, being charged with or a loved one is in jail arrested for domestic violence please call Chad Conley, Owner of Chad Conley Bail Bonds.

 

What do I do if arrested for Penal Code 647(a) Engaging in or Soliciting Lewd Conduct in Public?

The first thing you do is call a bail bondsman to post a bond. This will allow you to be out of custody to fight your case. You will be able to set up multiple attorney appointments and interview who might be best for your case.

How do I find the right bail bondsman for a PC647 charge?

Selecting the right bond company and bondsman can be very different for this kind of case and here is why. First off most people although they won’t admit it are very judgmental. The vast majority of bondsmen work for larger or corporate bond companies and have little power after they have sold the bond. This kind of case is very personal and will normally last a very long time. This means you will have a relationship with the bond company and what this relationship is can be very important to the outcome of your case!

What is important to consider when selecting a bail bondsman?

Some of the things to consider would be: Is the person on the phone an owner or sales agent? What is the cost of the bond? Are there any additional fees, interest, posting fees? If charges are added and the bond goes up will the bondsman give credit for amount already paid or will you be forced to pay for an entirely new bond? What happens if the DA files after the arraignment plus 15 days? Will they reassume the bond or tell you sorry you need a new bond? (This happens a lot in PC647 and PC288 cases)

Are all calls and communication with an inmate in jail private?

Remember that when speaking to any inmate in jail that every conversation is recorded. As much as you may want to hear what happened you must not ask them over the phone. It is best to post a bail bond and save this conversation for privacy after they are bailed out.

What is PC647(a)?

You are charged with California Penal Code 647(a) when you engage in lewd or dissolute conduct in any public place, or you solicit someone else to do so. Lewd conduct is defined as touching your or another’s private parts for the purpose of sexual gratification, or to annoy or offend someone else. Private parts refer to the genitals, the buttocks, or a female breast.

What are the Penalties for California Lewd Conduct in Public?

Violation of Penal Code 647(a) is a misdemeanor. It is punishable by up to 6 months in county jail and/or a fine of up to $1,000. Currently, a conviction for lewd conduct in public does not require registration as a sex offender. However, prosecutors often charge it together with Penal Code 314 “indecent exposure” which does trigger lifetime sex offender registration. Most California Penal Code 647(a) lewd conduct arrests involve undercover sting operations. Decoy police officers pose as gay men in bathrooms, parks and adult bookstores. These undercover cops try to “bait” you into sexual behavior. When you expose yourself, masturbate, or propose some sexual act, they arrest you. It often amounts to very clear cases of police entrapment.

For more information please call me I can help. I will explain the entire process and make sure you feel confident you know how and what to compare and what your options are.

Chad Conley Owner of Chad Conley Bail Bonds. 855-223-2423