California Motion to Release Defendant and Set Reasonable Bail

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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

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.

It is these last two factors that are the most critical to any judge: 1) Whether the person is at risk for failure to appear for future court proceedings; and, 2) Whether the person represents a danger to the public.

A ?1275 hold? in the state of California is when a hold is placed on a defendant's bail because there is a reason to believe the money that is used for the bail was acquired through criminal activity, such as drug trafficking.

A PC 1275 hold is when a hold is put on a defendant's 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.

California law also permits courts to reduce bail following a change in circumstances. Specifically, Penal Code § 1289 authorizes a court to reduce the bail if good cause is shown. ?Good cause? for a reduction in bail generally means a change in circumstances related to the defendant or the proceedings.

PC 12022.1 allows the court system in California to punish individuals who commit a felony while on bail. Generally, the court can add two years to an individual's prison sentence. However, the court only adds this extra time if the individual gets convicted of both a primary and a secondary offense.

Penal Code 1275.1 holds that if even a small portion of bail deposit or payments are derived from ?felonious activity?, bail shall not be accepted. This is called a ?1275 hold?. Individuals with drug charges are especially prone to receiving a 1275 hold when they attempt to post bail.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

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California Motion to Release Defendant and Set Reasonable Bail