What is a 1275.1 hold?
I‘m writing this post because prosecutors are using this tool more and more.
Typically, when you are arrested you have an opportunity to post bond, so you can be free during the pendency of your criminal case. When you post your bond (or your family does on your behalf) typically the bond agent just needs a signed contract and payment.
With a 1275.1 hold, there is a filing with the court where there is a belief by the prosecution that a bond would be procured or paid for with proceeds of criminals activity.
This law was written to keep “criminals” from using the items they stole or the cash proceeds from their crimes to allow them to continue their criminal conduct.
How does it work, or how do you post bond if you cant use your own money?
Well, typically you need a bond agent who knows how to vet people who are putting money up for the bond. The court will call the person and the bond agent into court and conduct an on the record inquiry where the person paying for the bond has to state, under oath (subject to the penalty of perjury) that they are paying the bond on their own, and are not going to receive money from the accused in reimbursement for their financial loss.
This obviously presents a number of problems, not the least of which is who loves you enough to pay that money to a bonds company without you paying them back?
There is a significant amount of nuance in how to find the people to put up the money, putting the papers together to show where the money originated with those folks, and making sure those people dont expect to get paid back.
An experienced criminal defense attorney can help with all of these steps and make sure that this process goes smoothly as possible.