Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
24/7 Help:
(855) 999-7755
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
A 1275 hold is when a hold is placed on a defendant’s bail because there is reason to believe that the money being used for the bail was generated by the commission of a felony (such as the sale of a controlled substance).
The hold gets the name “PC 1275 hold” because Penal Code 1275.1 PC is the California statute that sets forth the rules regarding the hold.
Once the court places a hold on a defendant’s bail, the accused can challenge the hold at a PC 1275 court hearing. During this hearing, the court must remove or release the hold if the accused can show, by a preponderance of the evidence, that his/her bail money was legally obtained.
Note that the amount of bail in a case will vary depending on the crime that the defendant is suspected of committing. Further, California counties have bail schedules that list the amount of bail for alleged criminal acts.
Judges do have the authority to increase or decrease these bail amounts depending on the facts of the case. A defendant can request a bail hearing in order to ask the judge for a reduction in the bail.
A judge can also set, modify, reinstate, or exonerate a defendant’s bail at his or her arraignment.
A PC 1275 hold is when a hold is put on a defendant’s bail because there is reason to believe that the money used for the bail came from some sort of felony crime.1
Note that there must be some suspected felony activity for this hold to take place. It does not apply to suspected misdemeanor offenses.
According to PC 1275.1, a police officer, prosecutor, or judge can initiate a hold if they find probable cause that the money being used for bail was “feloniously obtained.”2
These holds are most often used in cases that involve:
An accused can challenge a PC 1275 hold at a PC 1275 court hearing.3
Once there is a showing of probable cause that bail money came from a crime, and a hold is then put on an accused’s bail, a defendant can request a court hearing to challenge the hold.
At the hearing, the accused has the burden of proving that the bail money is “clean.” “Clean” simply means that the money did not come from an illegal activity.4
Note that the defendant’s burden of proof at a PC 1275 hearing is “by the preponderance of the evidence.” An accused satisfies this burden if he/she can show that it is more likely to be true than not true that the bail money is clean.5
To help prove that bail money was legally obtained, a defendant can offer such evidence as:
An accused can also have witnesses testify at the hearing as to the legal nature of the money involved.
If a defendant can show, by a preponderance of the evidence, that his/her bail money was legally generated, then the court removes the hold and releases the defendant under the authorized amount of bail.6
Note that a defendant will often need the help of the following to secure the removal of a PC 1275 hold:
The amount of bail will vary depending on the crime involved in a given case.
All counties have their own bail schedules that set forth the amount of bail for each type of offense. And in Los Angeles County, most arrestees are released from jail without having to pay bail at all.7
Examples of less serious crimes include violations of:
Examples of more serious crimes include violations of:
Judges do have the authority to reduce or increase a defendant’s bail (as set forth in a given bail schedule).8
When deciding whether to modify a defendant’s bail, the judge considers:
However, note that a judge cannot reduce a defendant’s bail in cases involving serious or violent felonies unless he/she finds:
Note too that a defendant can request a bail hearing to ask for a reduction in his/her bail amount. At this hearing, the prosecutor can introduce evidence or highlight information about which the court was otherwise unaware in order to increase a defendant’s bail. Such evidence includes information on:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.