PENAL CODE 1275
NO BAIL HEARINGS AND HOLDS
CITY Bail Bonds has the capabilities to handle all types of Bail Bond transactions including Penal Code 1275 Hearings and Holds. We will work with all parties and compile a Penal Code 1275 Packet needed for the Courts to remove the Penal Code 1275 Hold, It will require our Specialized Bail Agents to hold a Penal Code 1275 Hearing and present our customized Penal Code 1275 Packet to the District Attorney and Judge. Upon approval, the Courts will then remove the Penal Code 1275 Hold for us to post Bond for the defendants' release.
This matter is a very sensitive Court Hearing. Once an error has been made (and usually the Bail amount is increased), it is very difficult to turn back time and make corrections. It is HIGHLY RECOMMENDED that you have an EXPERIENCED Bail Bonds Company like CITY Bail Bonds to handle these proceedings.
Please contact us if you need assistance with Penal Code 1275 NO BAIL HOLDS. Contact CITY Bail Bonds by e-mail us or call us at (888) CITYBAIL (248-9224).
California Penal Code 1275
1275.- (a) In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.
- (b) In considering offenses wherein a violation of Chapter 6(commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.
- (c) Before a court reduces bail below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section
1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision,"unusual circumstances" does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
1275.1.- (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
- (b) A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs: (1) A peace officer, as defined in Section 830, files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (2) A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph. (3) The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained.
- (c) Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail.
- (d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision(b) no later than the date set forth in Section 825.
- (e) Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained.
- (f) At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person's right to privacy in his or her financial affairs.
- (g) If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set.
- (h) Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on bail.
- (i) The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing.
- (j) If a defendant has met the burden under subdivision (c), and a defendant will be released from custody upon the issuance of a bail bond issued pursuant to authority of Section 1269 or 1269b by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court.
- (k) As used in this section, "feloniously obtained" means 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 constituting a felony.
Browse our Web site for more information about CITY Bail Bonds and our exceptional Bail Bond services. If you have any questions or would like to speak with a Professional Licensed Bail Bonds Agent regarding any Bail Bond services, please e-mail us or call us at (888) CITYBAIL (248-9224).
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