BailBondAgents.biz - Large Bail Bonds & PC 1275 Hold Specialists

In many cases, especially where drug traffickers, financial crimes or transient crimes families are involved, defendants have holds placed on their release because someone in the system feels that illegal monies are being used to get the person out of jail. Where trafficking is involved and financial crimes are involved, the activities themselves can generate large sums of untracked money stolen or hidden to be used in case of emergencies. California law deals with this situation in Penal Code section 1275.1.

Penal Code section 1275.1 allows law enforcement to have conditions put on your bail if they can make a showing that there is reason to believe the bail money and/or the security for the bond has been illegally obtained. Either the police, the prosecutor or the court itself can have this type of hold on a defendant's release if they have probable cause to believe that any bail money in the case would be from ill-gotten gains. If the source of the hold is from the police or the prosecutor, they must file a declaration under penalty of perjury setting forth probable cause to believe that the source of bail monies has been feloniously obtained.

If this happens in your case, the "burden of proof" shifts to you to prove by a "preponderance of the evidence" that no part of the monies or security was obtained feloniously. First Choice Bail Bonds can help you bring a motion to prove that the bail monies or security are proper.

If you have legitimate sources of funds and security for your bail, you should be able to prove it. Cash is the least impressive commodity for a court to evaluate. Of course, cash can be totally legitimate, but it is hard to determine if cash comes from a legitimate source or an illegitimate source. Cash is a "red-flag" for the courts. It signals a high probability that the money is illegal.

First Choice Bail Bonds will help you show a paper trail that proves the money posted is legitimate. If your cousin, for instance, wants to help post the cash bail fee showing that he sold some stock and transferred it to the bail agent by wire is a good start. You should be prepared to show that he makes a legitimate income and that the stock that he liquidated was held for a substantial period of time. In that case, for instance, if you could show he regularly contributes money from his company paychecks to his stock market account and there are no other large deposits you will have a good chance of proving your case. In this example, it would be necessary to gather by subpoena or authorized release the records that prove the chain as well as the "cousin" who can testify to his/her own financial affairs.

Watch out for putting on evidence that ends up being a sham. The judges and the prosecutors are not stupid and they are both very capable of cross-examining your bail witnesses. So watch out if you have someone take the stand to say he has kept $25,000 buried in the back yard for years because he doesn't trust banks. If the judge determines the defendant has willfully mislead the court regarding the sources of the bail monies the bail may be increased. You want to be very careful in this regard. Your presentation, if a sham, may give the prosecutor clues to your illegal activities and provide them leads to make further charges against you or your people.

On the other hand, if you have a legitimate source for the bail money and the security, a good lawyer with the appropriate documentation and witnesses should be able to demonstrate that legitimacy to the court. You are, after all, constitutionally entitled to reasonable bail and the courts have an obligation to uphold that principle.

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