A “1275 hold” is when the court places a hold on a person’s bail because it suspects the money or collateral being used for the bail came from committing a felony (such as drug sales).
The hold is called “PC 1275 hold” because Penal Code 1275.1 PC is the California statute that establishes the rules for it.
Once the court places a hold on your bail, you can challenge the hold at a PC 1275 court hearing. During this hearing, the court must remove or release the hold if you can show, by a preponderance of the evidence, that your bail money was legally obtained.
Note that the amount of bail in a case will vary depending on the crime that you are suspected of committing. Further, California counties have bail schedules that list the amount of bail for alleged criminal acts.
Judges do have the authority to increase or decrease these bail amounts depending on the facts of the case. You can request a bail hearing in order to ask the judge for a reduction in the bail.
A judge can also set, modify, reinstate, or exonerate your bail at your arraignment.
What is a Penal Code 1275 hold?
A PC 1275 hold is when a hold is put on your bail because there is reason to believe that the money used for the bail came from some sort of felony crime.1
Note that there must be some suspected felony activity for this hold to take place. It does not apply to suspected misdemeanor offenses.
According to PC 1275.1, a police officer, prosecutor, or judge can initiate a hold if they find probable cause that the money being used for bail was “feloniously obtained.”2
These holds are most often used in cases that involve:
- drug trafficking (for example, the sale of Vicodin),
- money laundering,
- extortion,
- felony grand theft,
- gang offenses, and
- embezzlement.
Example: Thomas is arrested for being a suspected drug lord. The judge sets his bail at $500,000, and Thomas’s brother immediately tries to post it in full. Since the judge is suspicious that the money may have come from Thomas’s illegal activities with drugs, the judge slaps a PC 1275 hold on the money.
Once a PC 1275 hold is placed on your bail, the bail process is suspended indefinitely. Though as discussed below, you can challenge the hold.
Can I challenge a hold?
Yes. Once there is a showing of probable cause that bail money came from a crime, and a PC 1275 hold is then put on your bail, you can request a court hearing to challenge the hold.3
At the hearing, you have the burden of proving that the bail money is “clean.” “Clean” simply means that the money did not come from an illegal activity.4
Note that your burden of proof at a PC 1275 hearing is “by the preponderance of the evidence.” You satisfy this burden if you can show that it is more likely to be true than not true that the bail money is not tainted.5
To help prove that bail money was legally obtained, you can offer such evidence as:
- credit card statements,
- bank statements,
- tax returns,
- pay stubs,
- loan agreements, and
- sales transactions.
You can also have witnesses testify at the hearing or submit affidavits as to the legal nature of the money involved.
Example: Thomas in the above example requests a hearing to challenge the PC 1275 hold on the $500,000 his brother posted. At the hearing, the brother reads a statement where he explains how the money came from taking a mortgage out on his house. He also gives the court all the documentation to back up his story. If the judge believes this shows by a preponderance of the evidence that the $500,000 is clean, the hold will be lifted.
What is the removal of a PC 1275 hold?
If you can show by a preponderance of the evidence that your bail money was legally generated, then the court removes the hold and releases you under the authorized amount of bail.6
Note that you will often need the help of the following to secure the removal of a PC 1275 hold:
- an experienced criminal defense attorney, or
- a bail bondsman.
If you lose the court hearing contesting the PC 1275 hold, then the hold remains. This means you will likely stay in custody pending your trial.
If your bail money is suspected of being illicit, you must prove their origin to the court.
How is the amount of bail determined?
The amount of bail will vary depending on the crime involved in a given case.
All counties have their own bail schedules that set forth the amount of bail for each type of offense. And in Los Angeles County, most arrestees are released from jail without having to pay bail at all.7
Examples of less serious crimes include violations of:
- Penal Code sections 67 and 68 PC (California’s law against bribing a public officer or employee), and
- Penal Code 261.5 PC (California’s statutory rape law).
Examples of more serious crimes include violations of:
- Penal Code 205 PC (California’s aggravated mayhem law),
- certain sections of California’s kidnapping laws, and
- certain California drug offenses that involve alleged sales in mass quantities.
Can a judge change the amount of bail?
Judges do have the authority to reduce or increase your bail (as set forth in a given bail schedule).8
When deciding whether to modify your bail, the judge considers:
- your ability to pay,
- the seriousness of the alleged offense (including any injuries to the alleged victim, any threats to the alleged victim, whether any weapons were allegedly used, and whether any drugs were allegedly involved),
- your prior criminal history,
- the likelihood that you will appear for future court appearances, and
- public safety 9
However, note that a judge cannot reduce your bail in cases involving serious or violent felonies unless they find:
- unusual circumstances, or
- good cause.10
Note too that you can request a bail hearing to ask for a reduction in your bail amount. At this hearing, the prosecutor can introduce evidence or highlight information about which the court was otherwise unaware in order to increase your bail. Such evidence includes information on:
- a probation violation, or
- a parole violation.
Additional resources
For more in-depth information, refer to these scholarly articles:
- SB 10: Punishment before Conviction: Alleviating Economic Injustice in California with Bail Reform – University of the Pacific Law Review.
- Assessing the Impact of Bail on California’s Jail Population – Public Policy Institute of California.
- Beyond Bail – Florida Law Review article on how the criminal justice system can work with bail alternatives.
- Racial Bias in Bail Decisions – The Quarterly Journal of Economics.
- A Brief History of Bail – Judges Journal.
Legal References:
- California Penal Code 1275.1a PC. For example People v. Indiana Lumbermens Mutual Ins. Co. (, 2011) 192 Cal. App. 4th 929; Gonzales v. Superior Court (Court of Appeal of California, Fourth Appellate District, Division Three, 2020) G059052.
- California Penal Code 1275.1b PC.
- California Penal Code 1275.1c PC.
- See same.
- See same.
- California Penal Code 1275.1d PC.
- California Penal Code 1269b PC; LADA Special Directive 20-06.
- California Penal Code 1269c PC.
- California Penal Code 1275 PC.
(a) (1) In setting, reducing, or denying bail, a 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 a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information in a report prepared per Section 1318.1.
(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, 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, a 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 to 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. It 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.”
- See same.
