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Bail Hearings, PC 1275 and PC 1275.1

Under California Constitution Section 1, Article 12(c), excessive bail is not permissible. California Penal Code Section 1275(a)(1) states when setting, reducing, or denying bail, the judge or magistrate shall do the following:

1. Take into consideration the protection of the public;

2. The seriousness of the offense charged;

3. The previous criminal record of the defendant; and

4. The probability of the person appearing at trial or hearing on the case.

Courts give considerable weight to the seriousness of the allegations and the threat to public safety should the person be released. There are, however, many mitigating circumstances that an experienced attorney can argue at the bail hearing to receive a lower bail and therefore increase the likelihood of release.

California Penal Code Section 1275.1 may restrict bail in certain instances. When courts have probable cause to believe that the source of the money used to obtain bail was feloniously received, it may order a hearing. A 1275.1 hearing shifts the burden of proof to the defendant. The defendant must prove by a preponderance of the evidence that the source of the money was not feloniously obtained. If the defendant is successful, the PC 1275.1 hold will be released and the defendant can post bail.

Here is an example: Defendant is charged with multiple drug counts, HS 11378, HS 11379, and HS 11359, HS 11360, and bail is set at $200,000. The court places a PC 1275.1 hold. At the hearing, if the defendant can successfully demonstrate a legitimate source for the money, the PC 1275.1 hold will be lifted.

Obtaining a reasonable bail is paramount to a effective defense. When someone is charged with a criminal offense, posting bail has significant benefits. The most obvious is freedom. But it also allows the person to work and spend precious time with their family while fighting their case.

If you or a family member needs help with bail or a pretrial detention, contact Kern Law, APC today, and speak with me personally about your case.