It might seem like common sense that if you are able to post bail, the state should be required to take it and release you. This is not the case, thanks to Penal Code (PC) 1275, which allows the state to hold the bail if they believe that the money comes from the commission of a felony, such as certain drug crimes. Keep reading to find out how this works and what you can do about it.

The Next Step is to Request a PC 1275 Court Hearing

When the court places this type of hold on a defendant’s bail, the suspect can then challenge the said hold by requesting a PC 1275 hearing. At that point, the court must either remove or release the hold, assuming the accused can show that their bail money was obtained legally. Bail hearings can be requested for other things, too, such as requesting a reduction in the amount of bail required for release.

PC 1275 Only Applies to Felonies

It is important to note that this only applies to suspected felony activity. If a person is suspected of obtaining the money by committing a misdemeanor, then PC 1275 would not apply. PC 1275.1 holds that a police officer, prosecutor, or judge can use PC 1275 to hold a person if they have probable cause that the bail was obtained using felonious means.

Examples of Cases in Which PC 1275 Might Be Used

While a PC 1275 could technically be used involving any felony, there are specific crimes that are more likely to lead to this. That includes drug charges, felony grand theft, extortion, gang offenses, and embezzlement. Note that it is not a requirement that the defendant is the one who committed the felony. If anyone committed a felony to get the money for bail, then the bail might not be accepted.

The Accused Has the Burden of Proof

Unfortunately, the police, judge, or prosecutor do not have to prove that the money was obtained via the commission of a felony – they only need to show that there is reasonable doubt that it was obtained clearly. The burden of proof is then on the accused to prove that the money did not come from any illegal activity.

This can be done by showing credit card statements, pay stubs, bank statements, tax returns, loan documents, sales transactions, and by having witnesses testify.

Call Us Today to Dispute Your Bail Being Held

If your bail or the bail of a loved one is being held, then it is time to contact an attorney. You can reach Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation, during which we can go over the ways we can help you.