If you, or someone you care about, has been arrested, the first thought is to post bail and get out of jail as quickly as possible. However, if you discover that a PC 1275 Hold has been put in place, posting bail can be next to impossible without some help. That’s when you’ll want to call the bail professionals at Justice Bail Bonds in Riverside. Justice Bail Bonds can help you navigate the PC 1275 process and get you out of jail and back home where you belong.
What Is A PC 1275 Hold?
PC 1275 refers to Penal Code 1275.1 which states that if there is a reason to suspect that the money being used for bail might have come from illegal activity, then the bail cannot be accepted. This is called a 1275 Hold.
Anyone involved in the arrest or prosecution process can place the PC 1275 hold on bail. PC 1275 Holds are most often invoked in cases that involve gang activity, charges of drug dealing, theft including embezzlement, or charges of extortion. Charges such as these may indicate a higher probability that the money available to the defendant came from illegal activities and is, therefore, ineligible for acceptance as bail.
PC 1275 Hold for Drug Charges
Many of the charges related to drugs can result in a PC 1275 Hold on Bail. If the defendant is suspected of possession with the intent to distribute, the case can be made that the money available to the defendant was raised from past sales of drugs, making that money ineligible for use in paying bail.
HS 11352 makes it a felony to possess drugs for the purpose of selling them. When someone is arrested for possession of drugs, the arresting officer or the prosecuting attorney will use several factors in determining the purpose of the possession. If there is evidence, in their opinion, that the drugs were intended for sale to others, the defendant will likely be charged with a violation of HS 11352, Possession With Intent To Distribute.
Evidence that will be considered in charging intent to distribute include:
- The amount of drugs recovered on the defendant or in the immediate vicinity.
- The packaging of the drugs.
- Drug “packaging” items, such as scales, baggies, and other packing materials are discovered near the defendant.
- Weapons are found on or near the defendant, along with the drugs.
- Large sums of cash are recovered on the defendant or near the drugs in question.
In short, more than just the amount or type of drugs discovered on a defendant will be used to determine a charge of possession with intent to distribute. A person could be arrested with a very small quantity of drugs, but have on their person a large amount of cash and a weapon, and the arresting officer or prosecuting attorney may use that evidence to determine that drug sales had already taken place. This situation would almost certainly result in the placement of a 1275 Hold on Bail.
If you or someone you care about has been arrested on drug charges and have a PC 1275 Hold on Bail placed on their case, call the professionals at Justice Bail Bonds for assistance in getting the hold removed. Call Justice Bail Bonds at (951)445-4155..
Marijuana Sales Can Result in a PC 1275 Hold on Bail
While Prop 64 made recreational use of marijuana legal in the State of California, the production and sale of pot is still tightly controlled and can only be conducted if you have a state-issued license to sell it. Growing or carrying large amounts of marijuana without the proper licensing could result in your arrest and being charged with possession of marijuana with the intent to sell it on the black market. For most people, this is a misdemeanor charge with a maximum fine of $500 or up to six months in county jail.
However, certain circumstances can result in a felony charge of possession of marijuana sales with the intent to sell without a license, a much more serious offense, which carries steeper penalties and higher bail amounts.
A person can be charged with felony marijuana charges if:
- A person might be charged with felony possession of marijuana if:
- The person has multiple prior drug convictions.
- Persons with serious, violent, or sex crimes convictions.
- The arrest occurred in connection with a sale or attempted sale.
- The sale was being made to a person under the age of 18.
- The offense involves someone, over 21, employing or using a person twenty years of age or younger in producing, cultivating, or marketing marijuana.
Felony marijuana charges are more likely to result in a PC 1275 Hold on Bail but the bail bond professionals at Justice Bail Bonds can help you out. Call (951)445-4155. for help in having a PC 1275 Hold removed for marijuana charges.
PC 1275 Hold for Manufacturing Drugs
HS 11379.6 makes it a felony to make or produce drugs in California. The manufacture of methamphetamine is a common charge in violation of HS 11379.6. Using marijuana to produce hashish is another form of drug manufacturing and can result in a charge of Manufacturing Drugs and Narcotics.
This felony charge is one of the most serious drug crimes and carries hefty penalties. Because the manufacturing of narcotics is often associated with the distribution and sale of drugs, the charges will many times result in a PC 1275 Hold on bail.
For assistance with a PC 1275 Hold on Bail for Manufacturing Drugs, call the bail professionals at Justice Bail Bonds. (951)445-4155.
How To Fight A PC 1275 Hold on Bail
If you’ve had a 1275 Hold placed on your ability to post bail for yourself or someone else, you’ll have to attend a PC 1275 Hearing on the matter. The 1275 Hearing will determine whether or not the money that would be used for bail did, in fact, come from criminal activity and whether it is acceptable as bail money.
The court will need to determine that the money being used for bail is “clean.” In other words, was the money gotten from any sort of illegal activity, or is it “clean?” To prove that the money was legally obtained, the defendant will need to gather paperwork that clearly shows their financial situation and bring that paperwork with them to the PC 1275 Hearing. This paperwork includes:
- Bank Statements
- Credit Card Statements
- Car Payment Information
- Tax Returns
- Proof of Income (W2, Pay Stub, etc.)
You may also bring anyone with you who can testify as to the source of your income or help clarify your financial situation. You will also want to bring an attorney or bail bondsman with you to the hearing to help you navigate the Hold process.
For assistance with PC 1275 Hearings, call Justice Bail Bonds at (951)445-4155.
Removal of a 1275 Hold on Bail
To have a 1275 Hold on Bail removed, you will have to convince a judge that the money being used to pay for bail was not illegally obtained. To do this, you’ll need the help of an attorney or an experienced bail bondsman who can help explain the source of the money being used for bail.
Bail is a system of cash payments, held by the court, to ensure that the defendant will appear for court hearings and proceedings. The court will not allow bail to be paid if they believe that the money being used was not gotten legally or if they believe that the defendant will fail to appear after bail has been paid.
An experienced bail bondsman, like those employed by Justice Bail Bonds, can help you clarify your financial situation and offer assurances to the judge about your commitment to the legal process. Once the judge has removed the 1275 Hold on Bail, bail can be paid and life can go on.
Call the experienced bail bond agents at Justice Bail Bonds today for help in removing a PC 1275 Hold on Bail. Call Justice Bail Bonds at (951)445-4155.
Why Use A Bail Bondsman To Remove A PC 1275 Hold?
PC 1275 hearings can be complicated. The process of proving that the money being used for bail didn’t come from any illegal activity can require a professional presentation. The professional bail bondsmen at Justice Bail Bonds are familiar with courtroom procedures and understand the process required to assure the judge that the bail process will be successful for a particular defendant. Our bail bond professionals can help you gather the documents you’ll need to present your financial situation clearly to the court and help you present it in a way that will reassure the judge that you’re using “clean” funds and will use the opportunity provided by bail to further the good things in your life and still appear for all of the hearings and proceedings related to the legal case against you.
Allow Justice Bail Bonds to fight the PC 1275 Hold with you! Call (951)445-4155. today!
Free Consultation for PC 1275 Hold On Bail
Find out if Justice Bail Bonds can help you navigate the 1275 Hold on Bail by calling (951)445-4155. There is no cost and no obligation to discuss your case and discover whether the professionals at Justice Bail Bonds can help get you out of jail fast in spite of the hold! Call today! (951)445-4155.