Bail Hold- California Penal Code 1275.1

Under California Penal Code Section 1275.1 a peace officer, judge, or prosecutor may place a no bail hold on an arrestee. A declaration must be filed by one of these individuals showing “probable cause” to detain the arrestee without bail and until a bail hearing is scheduled.

The allegations related to such no bail holds are usually financial crimes, drug trafficking, etc.. Thus, the purpose for the no bail hold is to validate the premium monies and collateral used to secure the release of the defendant. An extensive declaration is usually filed by the bail bond company or bail bondsman involved in the case, disclosing the source of premium monies and collateral provided by the co-signers. Deeds of trust, income taxes, and bank statements are some examples of documentation used as exhibits to a “declaration of bondsman.” Once the court has reviewed the information and confirmed the legitimate sources, the no bail hold will be lifted and bail or bail bond may be posted.

In addition, the Co-signer(s) and bail bondsman may be required to give testimony during the bail hearing. Testimony is not always required and a well drafted declaration will usually result in a positive outcome for the defendant. However, the prosecutor and/or judge may cross-examine the bail witnesses regarding the declaration filed. For this reason, it is extremely important that the information provided to the court is accurate. You don’t want any discrepancies between the declaration and the testimony given.

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