At Premiere Bail Bonds we handle all bonds including 1275 Hearings and holds.
Please let us know if you need assistance with 1275 holds. Call toll free 1.800.662.0056.
1275. (a) In setting, reducing, or denying bail, the judge ormagistrate shall take into consideration the protection of thepublic, the seriousness of the offense charged, the previous criminalrecord of the defendant, and the probability of his or her appearingat trial or hearing of the case. The public safety shall be theprimary consideration. In considering the seriousness of the offense charged, the judgeor magistrate shall include consideration of the alleged injury tothe victim, and alleged threats to the victim or a witness to thecrime charged, the alleged use of a firearm or other deadly weapon inthe commission of the crime charged, and the alleged use orpossession 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 andSafety Code is alleged, the judge or magistrate shall consider thefollowing: (1) the alleged amounts of controlled substances involvedin the commission of the offense, and (2) whether the defendant iscurrently released on bail for an alleged violation of Chapter 6(commencing with Section 11350) of Division 10 of the Health andSafety Code.
(c) Before a court reduces bail below the amount established bythe bail schedule approved for the county, in accordance withsubdivisions (b) and (c) of Section 1269b, for a person charged witha serious felony, as defined in subdivision (c) of Section 1192.7, ora violent felony, as defined in subdivision (c) of Section 667.5,the court shall make a finding of unusual circumstances and shall setforth those facts on the record. For purposes of this subdivision,"unusual circumstances" does not include the fact that the defendanthas made all prior court appearances or has not committed any newoffenses.
1275.1. (a) Bail, pursuant to this chapter, shall not be acceptedunless a judge or magistrate finds that no portion of theconsideration, pledge, security, deposit, or indemnification paid,given, made, or promised for its execution was feloniously obtained.
(b) A hold on the release of a defendant from custody shall onlybe ordered by a magistrate or judge if any of the following occurs: (1) A peace officer, as defined in Section 830, files adeclaration executed under penalty of perjury setting forth probablecause to believe that the source of any consideration, pledge,security, deposit, or indemnification paid, given, made, or promisedfor its execution was feloniously obtained. (2) A prosecutor files a declaration executed under penalty ofperjury setting forth probable cause to believe that the source ofany consideration, pledge, security, deposit, or indemnificationpaid, given, made, or promised for its execution was feloniouslyobtained. A prosecutor shall have absolute civil immunity forexecuting a declaration pursuant to this paragraph. (3) The magistrate or judge has probable cause to believe that thesource of any consideration, pledge, security, deposit, orindemnification paid, given, made, or promised for its execution wasfeloniously obtained.
(c) Once a magistrate or judge has determined that probable causeexists, as provided in subdivision (b), a defendant bears the burdenby a preponderance of the evidence to show that no part of anyconsideration, pledge, security, deposit, or indemnification paid,given, made, or promised for its execution was obtained by feloniousmeans. Once a defendant has met such burden, the magistrate or judgeshall release the hold previously ordered and the defendant shall bereleased under the authorized amount of bail.
(d) The defendant and his or her attorney shall be provided with acopy of the declaration of probable cause filed under subdivision(b) no later than the date set forth in Section 825.
(e) Nothing in this section shall prohibit a defendant fromobtaining a loan of money so long as the loan will be funded andrepaid with funds not feloniously obtained.
(f) At the request of any person providing any portion of theconsideration, pledge, security, deposit, or indemnification paid,given, made, or promised for its execution, the magistrate or judge,at an evidentiary hearing to determine the source of the funds, mayclose it to the general public to protect the person's right toprivacy in his or her financial affairs.
(g) If the declaration, having been filed with a magistrate orjudge, is not acted on within 24 hours, the defendant shall bereleased from custody upon posting of the amount of bail set.
(h) Nothing in this code shall deny the right of the defendant,either personally or through his or her attorney, bail agent licensedby the Department of Insurance, admitted surety insurer licensed bythe Department of Insurance, friend, or member of his or her familyfrom making an application to the magistrate or judge for the releaseof the defendant on bail.
(i) The bail of any defendant found to have willfully misled thecourt regarding the source of bail may be increased as a result ofthe willful misrepresentation. The misrepresentation may be a factorconsidered in any subsequent bail hearing.
(j) If a defendant has met the burden under subdivision (c), and adefendant will be released from custody upon the issuance of a bailbond issued pursuant to authority of Section 1269 or 1269b by anyadmitted surety insurer or any bail agent, approved by the InsuranceCommissioner, the magistrate or judge shall vacate the holding orderimposed under subdivision (b) upon the condition that theconsideration for the bail bond is approved by the court.
(k) As used in this section, "feloniously obtained" means anyconsideration, pledge, security, deposit, or indemnification paid,given, made, or promised for its execution which is possessed,received, or obtained through an unlawful act, transaction, oroccurrence constituting a felony.
1-800-662-0056
Below is a list of Cities in Orange County that we service.
Aliso Viejo Anaheim Brea Buena Park Newport Beach, Balboa and Corona Del Mar Costa Mesa Cypress Dana Point Foothill Ranch Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Laguna Beach Laguna Hills Laguna Niguel Lake Forest, Leisure World Los Alamitos Mission Viejo Newport Beach Orange Placentia Orange Park Acres Rancho San Margarita San Juan Capistrano San Clemente Santa Ana Seal Beach Stanton Tustin Westminster Yorba Linda
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