This code and subsection prevents a defendant to release while in custody and under a PC 1275.1 (A) hold. This hold can only be removed by a judge or magistrate. The court must find that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made or promised for its execution was feloniously obtained. Primarily referring to funds, monies or gains by selling drugs, credit cards illegally obtained, issued or created.
When facing this type of case situation, one must prepare thoroughly for the upcoming hearing by submitting bank statements, bail bond agreement and contract, financial statements and other related documents supporting your desire to have bail posted for defendant in custody. This information and copies of it must be given to the court by way of the bail agent including paperwork showing that monies considered for the bail bond premium are legitimately available and obtained.
Other options exist such as an inheritance, 401 (K) or savings. These however, can prolong the release process because of the lag time in receiving funds by mail then clearing the bank upon deposit. In any case, indemnitors or guarantors must prove to the court that they are on board without promises made by the defendant, compensation by the defendant or his friends or family. This also includes potential questions made by the district attorney and the judge in open court also known as an evidentiary hearing. The reason behind this is to search for potential harm or intimidation experienced by the indemnitors or guarantors of the bond. In addition, the judge or magistrate will want to hear their willingness and to express their expectations of the defendant.
At Premiere Bail Bonds, we have written and appeared on 50 or more PC 1275.1 (A) hearings and have successfully posted on each and every case. The time line and release time is different for every case but usually end of the business day, one can expect the release of their loved one from jail.
Cases considered but not limited to include transportation of drugs for sales, large amounts related activity, trademarked goods, child exploitation and or sales of such material online. All counties are reviewing the application of PC 1275.1 (A) holds to ensure their citizens safety.
Give us a call at (800) 662-0056 day or night and we will be happy to assist you.