1275 Hold Sacramento

California's 1275 statute was enacted in 1998 (as part of SB55 by Senator Kopp) in the state Capitol of Sacramento. The law states that no bail will be accepted unless the judge or magistrate was absolutely convinced that no portion of the collateral provided has felonious origins. Previously, the statute did not define what the burden of proof was. Because of that, people accused of certain crimes were being held without bail and with no way to effectively meet the burden of proof required by the law, because that burden was unclear.

As it currently stands, the PC 1275 statute now requires the prosecutor or a peace officer to establish probable cause for the belief that some portion of the bail was illegally earned before the burden is met and a magistrate is allowed to put a hold on a defendant's release on bail.

Occasionally, during the pc1275 hearing, the court or the prosecution will try and bring in additional factors, hoping to keep the defendant from posting of bail. The PC1275 hold is solely concerned with determining the source of bail funds. It is not about the guilt or innocence of the defendant or the indemnitors (co-signers).

Where the statutes previously left Judges with no guidance on the point, PC 1275 describes "feloniously obtained" as any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution which is possessed, received, or obtained through an unlawful act, transaction, or occurrence. However, it includes consideration obtained by means not amounting to a felony.

The statute's sponsor, Quentin Kopp was a lawyer, a Senator in the capitol (Sacramento), and a judge. in presenting the legislation, he testified "Each time I have been before a judge of the Courts of Sacramento County the jurists point out the great ambiguity in the law and the total lack of direction given to the courts by the Legislature. There is no mention of burdens, there are no standards to determine when a 1275 hold should be ordered, there are no guidelines on how much evidence needs to be presented for a judge to "be satisfied" that the funds have not been obtained from felonious sources."

PC1275 addressed all these issues, but it needs to be clearly understood by your bail agent, should the need arise. Initial failure to meet the burdens required to remove the hold could result in the bail amount being increased.

We are experts in the 1275 process! Just one phone call to us can have your friend or relative released from custody. We have agents standing by 24 hours a day, every day!