PC 1275 Motion & Process
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When the arresting officer or judge has a reason to question the source of money which may be used for bail, they will file a declaration (under penalty of perjury) asking a hold be placed on the defendant prior to release on bail. A judge then has 24 hours to respond to the declaration. In theory, if the magistrate or judge does not respond within 24 hours the defendant shall be released from custody upon posting of the amount of bail set.
The reasoning is to show that the premium money used to pay for the bond and any and all collateral pledged to guarantee said bond; whether it be real property or personal property, that the person paying for said premium, and the owner of said collateral can prove beyond any reasonable doubt that it did not originate from the gain of any criminal activity.
Generally, a P.C. 1275.1 motion may be heard at the first court hearing known as an arraignment. If the defendant is not prepared to provide documentation meeting the courts requirements, a separate hearing may be necessary. We, as your bail company, can assist you in filing the appropriate motions and scheduling a hearing.
At these hearings the criminal defense attorney of record representing the defendant, the bail agent posting the bond and any other pertinent parties involved with the case, the indemnitor on the bond (co-signer), and the owner of the property being pledged as collateral, will also have to be present to give testimony as to the origination of the assets being used to obtain the courts approval and the removal of the §1275 P.C. Hold.
In order to be successful at this hearing, we will need to provide the District Attorney, as well as the judge, ample documentation proving the source of funds. This may include (but is not limited to) bank statements, credit card statements, tax returns, investment account statements, financial affidavits etc. Because of the nature of this type of charge, each case will be different. We will assist you in assessing the specific needs of your situation.
There are several methods we use which allow us to get holds lifted in even the most difficult of situations. It is critical you provide us with honest and accurate information during the evaluation of your case, even if you feel it may be detrimental to a positive outcome. The worst thing that can happen is we are unprepared with false or misleading information. This will allow the judge to deny our motion and they will most certainly raise the bail.
Working together with you and all parties involved, our 1st rate bail agents will get you through this process with as little stress and heartache as possible. We understand exactly what you are going through and we promise to worry about the details so that you don't have to.
