You have been arrested on accusations that you committed a serious financial crime and are waiting in jail to be bailed out, only to find out that there is a hold on your case preventing you or a loved one from posting bail.
You may think this is unwarranted, as you do not think you pose any threat to the public and that the crime you are accused of is not that serious. However, there are numerous factors that will be considered when bail is set and there are circumstances under which bail money will not be accepted.
What factors influence bail in California?
The judge will consider a variety of factors when setting bail. These include:
- The danger to the public
- The severity of the crime you are charged with
- Your criminal record, and
- Whether you will appear at trial or at a hearing or whether you will attempt to flee
Public safety is the primary concern of a judge when determining bail. The severity of the crime includes whether the alleged victim or witnesses were threatened, whether a firearm was allegedly used in the crime and whether you allegedly used or possessed controlled substances.
What is a 1275 hold?
A bail payment will not be accepted in California if it was “feloniously obtained.” You may not be able to be released from jail if the bail offered was obtained through the occurrence of a felony crime. This is referred to as a “1275 hold.”
The judge, the police or the prosecutor can place a 1275 hold on your case. If your loved one tries to post bail, and there is a 1275 hold on your case, the bail will not be accepted, and you will remain in jail.
For example, if you are accused of committing a financial crime or a crime that involved the illegal acquisition of money, the arresting officer can place a 1275 hold on your case as long as there is probable cause to believe the bail money will, in part or in whole, come from these illicit funds.
A 1275 hold can be released if you or your loved one can show by a preponderance of the evidence at a hearing that the bail money was not criminally obtained. If your bail was paid through a loan, this is okay as long as the money was not obtained through the occurrence of a felony crime.
Being released on bail is a primary concern once you are arrested for a financial crime. After all, you may feel that you do not present a danger to anyone, that your crime was not that serious and should not have to stay in jail while your case is pending.
However, danger is not the only factor that will be considered in bail proceedings. Moreover, the nature of your alleged crime cold lead to a 1275 hold being placed on your case. For all these reasons, many of those accused of white-collar crimes in California choose to work with an attorney as early as possible in their case.