California PC 1275 | 1275 Bail Hearing

The United States Constitution grants a person accused of non-capital crimes that they are entitled to bail, and that it will not be unreasonably excessive. However, this right is not a guarantee – there are a few circumstances that might exempt you from bail (such as risk of flight) and others which may temporarily prevent your release.

The Law

For California residents, Penal Code 1275.1 (PC 1275) which is a “bail hearing”, allows a judge to withhold bail even for minor offenses. This law specifically prevents defendants from being released if there is any suspicion that the bail funds may have been illegally obtained. It states that bail will not be accepted if a judge or magistrate believes that the funds were obtained through felonious methods.

In this case, a hold is placed on the inmate until funds that were not obtained through criminal methods are available for bail. A prosecutor or peace officer can file a declaration stating that they believe any money that will be used for bail was obtained through criminal means. A judge can also make the call himself without a declaration being filed, if he believes there is probable cause that a person would secure his or her own release with illegitimate funds.

Type of Crimes Affected

There are several crimes that may lead a judge, peace officer or prosecutor to request or invoke a PC 1275. Drug dealers can easily be affected by this penal code, due to the very nature of their crime. If an officer of the court has probable cause to believe that selling drugs is that person’s main source of income, then they will also assume that the money used for bail could have been illegally obtained. Other charges apt to invoke a PC 1275 hold are robbery, embezzlement or fraud.

Lifting the Hold

A PC 1275, or Bail Hearing, is not necessarily permanent nor is it irreversible. The accused can have the hold lifted by proving that the funds they are using for their release were obtained through legal and traceable means. This may be as easy as providing a pay stub from a legitimate job. Often, however, the process of lifting a PC 1275 is an arduous one that may be difficult for the accused to prove.

Bail bond agents can assist with all of the necessary paperwork needed to lift the hold and allow the defendant’s release. These documents can include signer backgrounds, bank account information and verification of traceable funds. Since most people will have to talk to a bail bond agent to secure release anyway, it is prudent to inform the bail agency of the potentiality of this kind of hold immediately, so they can get to work on having it lifted.

PC 1275 can cause an undue hardship on anyone who is charged with certain crimes; without release, the accused may miss work or even lose their job altogether. Unfortunately, the law allows judges to hold an accused person for crimes that would otherwise bring a quick bail amount and release. It is important for a defendant to know their rights under this penal code, and it’s always best to secure the help of a professional bond agency and a defense attorney if necessary.

Josesito Lopez vs Victor Ortiz

Bail Hotline Bail Bonds sponsors Josesito Lopez in his match against Victor Ortiz.
Showtime will televise the June 23rd event as the boxers fight for the World Boxing Council silver welterweight title

Having sponsored numerous professional boxers in the past, California’s Bail Hotline steps up again and sponsors Josesito Lopez in his match against Victor Ortiz. Lopez, a Riverside local, is set to battle Ortiz at the Los Angeles Staples Center on June 23rd at 3:00 PST.

“Being headquartered in Riverside, Bail Hotline is proud to show its support of a local athlete making a name for himself in the sport of boxing,” said Pablo Fonseca, Bail Hotline’s Director of Marketing. “Most would agree Lopez is the underdog against Ortiz, but we believe his motivation and skills will help him succeed!”

This will be 27-year-old boxer’s first fight at welterweight, as well as his first fight as a main event.

Other boxers Bail Hotlinehas supported in the past include: Jesus Soto-Karass, Chris Arreola, Alfonso Gomez, Dominic Salcido, and former MMA champ Bobby Green.

Father’s Day for The Troops

Bail Hotline Bail Bonds is showing its appreciation and support for the military this Father’s Day by connecting military families: Bail Hotline is donating $1,500 (equaling 150 calling cards, $10 each) in international calling cards to For The Troops, a Southern California non-profit, who will send the cards to troops overseas.

On Father’s Day, June 17th, service-members based overseas will receive the calling cards to call home to their families in the U.S.

“We’ve seen the high prices our service men and women have been faced with recently and want to take that burden off of them to connect with their families on Father’s Day, on us,” said Pablo Fonseca, Director of Marketing for Bail Hotline Bail Bonds. “With a little help from Bail Hotline and For The Troops, we hope these families will be able to connect with one another and celebrate the ‘dad’ in their life, whether near or far.”

With more than 290,000 troops serving overseas, the price of calling home is costly for many servicemen and women, with the average roaming fees from Afghanistan being as much as $3.99 per minute.

For The Troops’ mission is to send care packages to the front line troops in Afghanistan and Iraq. These packages contain such things as snack items, DVDs, CDs, batteries, personal care items and magazines, etc.

“We are extremely grateful for all that our U.S. military does for this country and hope that our support is felt across as many families as possible,” said Fonseca. “From our family to theirs, we’re wishing all of them a happy Father’s Day.”

Bail Hotline Bail Bonds works with local and national organizations to provide support and assistance on a monthly basis.

To find a Bail Hotline Bail Bonds location nearest you, visit www.myBailHotline.com or call 866-974-7360 for immediate assistance. If you’re ever in a bind and you need some help, contact us at our Riverside, or Los Angeles offices.

For more information on For The Troops, visit www.forthetroops.org.

Memorial Day: Remembering Fallen Heroes

A most significant day worthy to salute, remember and mostly feel a deep respect to all the United States Soldiers who have sacrificed their lives while in all wars of the United States.

This day is traditionally seen as the start of the summer season for cultural events and also became a long weekend increasingly devoted to shopping, family gatherings, fireworks, trips to the beach, and national media events and auto races. We must always remember those who fought for our freedoms in order for us to enjoy these pleasures most of us take for granted.

It started as a ritual of remembrance and reconciliation after the civil war, by the early 20th century, Memorial Day was an occasion for more general expressions of memory, as ordinary people visited the graves of their deceased relatives, whether they had served in the military. These traditions and events were inspired by people in the Southern states and after World War I; it was extended to include all men and women, who died in any war or military action. Originally, it was called Decoration Day because of the practice of decorating soldier’s graves with flowers. It was observed as a United States federal holiday on the last Monday of May

San Diego’s “Best Moms”

San Diego Home Cooking & Bail Hotline is looking for

San Diego’s “Best Moms” this Mother’s Day

Ten mothers will be chosen for a complimentary brunch at San Diego Home Cooking, and a spa day, donated by Bail Hotline Bail Bonds

 

San Diego Home Cooking and Bail Hotline Bail Bonds are looking for San Diego’s “Best Moms,” this Mother’s Day. The two local, family-owned companies are encouraging guests to come into SD Home Cooking and nominate their moms during the month of April for a complimentary Mother’s Day meal and spa day.

Guests can fill out a nomination form at any of the five San Diego Home Cooking locations during the month of April. At the end of the month 10 moms will be chosen for a complimentary meal in celebration of Mother’s Day.

Winners will be chosen based off the written description, answering, “What makes your mom the best and why does she deserve a special day of pampering?”

“Our mothers are often one of the most important figures in our lives. We wanted to find a way to show gratitude to local moms,” said Mel Makaric, Owner of San Diego Home Cooking. “We look forward to reading all the submissions. We know it’ll be a difficult choice!”

Bail Hotline Bail Bonds will also provide a gift certificate for a spa day for each of the 10 selected moms. “It’s important for us to show our support for San Diego’s moms and really enhance their ‘special day’ in any way we can,” said Pablo Fonseca, Director of Marketing for Bail Hotline Bail Bonds. “Our continuous support of the San Diego community reflects our company’s own values and good practices. Who doesn’t owe a ‘thanks’ to their mom?”

San Diego Home Cooking is accepting nominations at all five locations: Mission Valley, Lakeside, Lake Murray Café, Centre City Café (Escondido) and Café 56 (Carmel Valley).

For more information, visit www.sandiegohomecooking.com or call (858) 484-5789.

About San Diego Home Cooking

San Diego Home Cooking offers traditional American comfort food and homemade Hungarian dishes. Each Café makes fresh daily dinner rolls, biscuits, secret recipe homemade dressings, hearty soups, gravies, house-ground hamburger patties, oven-roasted turkey breast and a large selection of “mama’s” homemade pies. San Diego Home Cooking opened as the Center City Cafe in Escondido in 1997. Since then, owner Mel Makaric has opened four additional San Diego locations including Cafe 56, Lake Murray Café, Mission Valley Café and Lakeside Cafe.

All five San Diego Home Cooking restaurants are open for breakfast, lunch and dinner with a variety of choices spanning an extensive menu and offer affordable prices in a family-friendly setting. For more information, visit www.SanDiegoHomeCooking.com.

UPDATE:

San Diego’s “Best Moms” Revealed

Bail Hotline Bail Bonds teamed up with local, family-owned restaurant group, San Diego Home Cooking, to search for San Diego’s “Best Moms” this Mother’s Day. Guests submitted nominations at all five of the San Diego Home Cooking restaurants during the month of April and 10 winners have now been chosen!

Ten mothers were chosen based off the written description answering, “What makes your mom the best and why does she deserve a special day of pampering?” Winners were given a complimentary brunch at San Diego Home Cooking and a spa day at a local salon and spa, donated by Bail Hotline.

Congratulations moms, you deserve it!

Stages of a Criminal Case

While television crime shows make it look like a criminal will immediately go to jail, the process of trying a criminal case is much more complicated. From arrest and posting bail to going to trial and sentencing, there are many legal procedures that the accused will have to go through.

Below is a guide to the stages of a criminal case:

Arrest and booking:
Whether they are taken by force or voluntarily, anyone who is under police custody is arrested and brought into jail. While the accused is booked or cited, a pretrial or probation officer will gather information about the alleged crime. This information will be used by a judge to decide if the accused can be allowed out of custody before the trial by posting bail and agreeing to appear at a set date.

Arraignment:
A judge will read the official charges against the accused as well as their rights to an attorney. During arraignment, bail may be changed or the accused may be released on their “own recognizance.” Arraignment is also the time when the accused enters their plea of guilty or not guilty. If he or she agrees to a plea bargain, then the charges may be lessened or dropped for an admission of guilt. If the accused maintains their innocence, then they may be taken to trial.

Motions, Hearings, and Trial:
Both the prosecution and the defense will hold a series of motions and hearings that will determine which evidence and witnesses will be allowed in court. At trial, the prosecution will have to prove beyond a reasonable doubt that the accused has committed the crime they are being held for. A judge or a jury will make the final decision.

Sentencing:
If the jury or the judge finds the accused to be guilty, then sentencing will occur. Depending on the crime, prior criminal record, and a person’s living condition, the court will determine a suitable sentence. Sentences can include jail time, the payment of fines, or even counseling and community service.

If a judge allows the accused to post bail, then they will be granted freedom as long as they agree to appear in court when told.

Bail can be paid in cash or with a cashier’s check, but if you cannot afford bail on your own, then Bail Hotline can help. With over 20 locations in California, we can help you or a loved one get a bail bond in your time of need—24/7. For more information 888-GET BAIL or contact us now.

LASD Considering Changes to Jail Duty

Inmates at the Los Angeles County Men’s Central Jail are not the only ones itching to get out. There are many jail deputies who do not enjoy their time working inside the LA County lockups. Officials for the Sheriff’s Department are hoping that proposed changes, which will speed up promotions, will get deputies more enthusiastic about their time inside the jails.

As of now, deputies have to go on street patrol in order to become supervisors. The new plan will allow deputies to move up in rank while staying on duty in county jails. Sheriff Lee Baca hopes that the two-track career system will allow for a core of experienced jailers who actually want to work in the corrections system.

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