BY Jesse Black |

Are you familiar with PC 1275 holds?

Simply put, a 1275 hold occurs when a hold is put on a defendant’s bail because there is reason to believe the money being used for the bail has been generated illegally—specifically, by the commission of a felony (i.e. the sale of a controlled substance).

But where does the “PC” come from, then?

The official name—PC 1275 hold—stems from the California statute that sets forth the rules regarding the hold, which is Penal Code 1275.1 PC.

Commonly, these specific holds are seen in the following types of cases:

  • Drug Charges
  • Extortion
  • Felony Grand Theft
  • Gang Offenses
  • Embezzlement

According to this code, either a police officer, prosecutor, or judge can request the hold if there is probable cause the money for bail was feloniously obtained. If a hold has been placed on a defendant’s bail, he or she does have the right to challenge it at the PC 1275 hearing. The hold will be released if the defendant can prove the bail money was legally obtained.

How can the defendant prove the bail money was legally obtained?

There are myriad ways a defendant can prove—with evidence—that the bail money was obtained legally, such as with:

  • Credit Card Statements
  • Bank Statements
  • Tax Returns
  • Pay Stubs
  • Loan Agreements
  • Sales Transactions
  • Witnesses

It is important to note that a defendant will often need professional assistance securing the removal of a PC 1275 hold, either from an experienced criminal defense attorney or a bail bondsman.

How is the amount of bail determined in the first place?

Bail is originally established according to the nature of the crime (i.e. the more severe the crime, the higher the bail.) Every county across the State of California has its own bail schedule that sets forth the specific amount of bail for each type of crime.

Interestingly enough, in Los Angeles County, most arrestees are actually released from jail without being forced to pay any type of bail at all.

Now, a judge does have the authority to change—reduce or increase—a defendant’s bail that has been set forth from the bail schedule. That is unless the case involves a serious or violent felony, then bail cannot be reduced without unusual circumstances or good cause.

Before a judge decides to modify a defendant’s bail, he or she will generally consider the following:

  • The defendant’s ability to pay the bail
  • The seriousness of the crime
  • The defendant’s prior criminal history
  • The likelihood the defendant will be arrested again in the future
  • Public safety

A defendant has the right to request a bail hearing in hopes of reducing the bail amount that has been set forth. However, during this hearing, the prosecutor can introduce evidence the court was previously unaware of to increase the defendant’s bail. This evidence usually includes information on a probation violation or a parole violation.

If you have any questions or concerns regarding a PC 1275 hold or the bail process in general, please don’t hesitate to reach out. This subject matter can be confusing, and it is our goal to ensure you have a complete understanding of it.