Bail: Penal Code 1275

Illegally Obtained Bail Money (Penal Code 1275.1)

What is “Bail?”

• Bail is defined as the amount of money a defendant arrested without a warrant pays to be released from custody and show up in court at a later date.
• The purpose of bail is to ensure that a defendant appears in court. Once they appear in court, they are given their money back, regardless of the outcome of their case.

How Much is Bail?

• Amendment VIII of the U.S. Constitution states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
• What is “excessive?” → Determined through severity of the crime by a judge (Penal Code 1296b(b))
  • According to Penal Code 1275, the judge considers public safety and the damage done to the victim when selecting bail amount.
  • Often times, bail can vary by county
  • Criminal defense bail attorney William Kroger is well-versed in the nuances of Bail relating to LA county,

LA County Bail Schedule

• The purpose of a bail schedule is to have a fixed bail for sentences
• The “term” is the length of the sentence. If there are multiple offenses, the length of each sentence is added to determine bail
• For small crimes that require no time in jail, the fine is equal to the bail amount.
• For large crimes, like murder or treason, the court may deny bail on the grounds that the defendant may be a danger to the public if released from custody.
  • This is known as a violation of a bail condition.

What About Illegal Bail Money?

• 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.
  • LA Drug Charge attorney William Kroger is well versed in the nuances related to 1275 holds as they pertain to drug charges.

How Does the Court Determine if Bail Money is Illegal?

The court will consider bail money illegal if:

• A police officer files a sworn declaration that they have “probable cause” to believe the money you are using to pay bail with was obtained illegally.
• A prosecutor files a sworn declaration that they have “probable cause” to believe the money you are using to pay bail with was obtained illegally.
  • Prosecutors have “civil immunity” when filing such sworn declarations.
  • That means, if they tell the court that your money was obtained illegally, they cannot be sued in a separate proceeding if the claim is found to be false.
• The judge believes that the money was obtained illegally.

What Happens if a Police Officer Says That my Bail Money is Illegal?

• If the court determines that “probable cause” exists to believe that your bail money was obtained illegally, you must prove that it is not by “a preponderance of the evidence”
  • All a preponderance of the evidence means is, “more likely than not”.
  • LA criminal defense attorney Bill Kroger can help you meet the burden of proof for proving that bail money is not illegal.
• When this burden is met, you will be allowed to post bail and be released at the authorized amount.

Immigration Bonds

• If an individual is detained by the U.S. Immigration and Customs Enforcement (ICE) for being an illegal alien, they must get an Immigration Bond.
• Two types of immigration bonds:
  • Delivery Bond: This bond option is determined by ICE if the immigrant was given an arrest warrant and notice of custody conditions. The arrested immigrant can then pay the bond and appear at a later court date.
  • Voluntary Departure Bond: A detained immigrant can be given the option by ICE to pay a bond and leave the country by a certain date. Once out of the country, the bond would be reimbursed.
• Crimes of a moral turpitude can also carry significant immigration consequences.

Bail and Illegal Substances

The bail for possession of controlled substances depends on the type and quantity of substance the arrested individual was found with pursuant Section 11350 of Section 10 of the California Health and Safety Code

• Marijuana

• Cocaine

• Phencyclidine (PCP)

How We can Help

William Kroger is a smart, knowledgeable and experienced criminal defense attorney. He represents clients who have been charged with drug crimes, including manufacturing Butane Hash Oil, illegal drugs, money laundering, and sales of drugs, but still can be set temporarily free on bail.

William Kroger and his team of experienced criminal defense bail attorneys understand that if you are facing a criminal charge related to any crime, it can deeply disrupt your life. William Kroger is committed to your defense. His proven track record of exceptional criminal defense is your best option to defend yourself.

Contact William Kroger Attorney at Law today at 323-655-5700 to discuss your case. The sooner you retain legal counsel, the sooner he and his legal team can begin work on your case