In California, generally DUI cases are charged under sections 23152(a) and 23152(b) of the Vehicle Code. These sections make it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle, and provides that it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. If injury is involved due to an accident, there is a specific Vehicle Code section related to this situation.

When a person is stopped by police, officers request the DUI detainee submit to a (FST) field sobriety test, Officers often request that a person submit to a field breath test (Breathalyzer) called a (PAS) preliminary alcohol screening test. An FST can include a series of different movements and actions the officer uses to determine if a person is driving in an impaired state. This is how the officer develops the final portion of his probable cause to affect an arrest for driving under the influence.

After being arrested and booked at the county jail it’s now time to post bail. Next is arraignment, at this point you should receive a copy of the complaint. The complaint spells out the charges the District Attorney intends to charge you with in the criminal court. You or your lawyer may enter a plea and the prosecution will make discovery items available to the defense. Some the possible pleas that may be entered by you or on your behalf through legal counsel are not guilty, guilty and no contest. The plea choice may come with serious consequences and should be thoroughly investigated and or discussed with a lawyer until you feel comfortable with the decision you’re making.

Pleading not guilty and heading for trial

At trial, the prosecutor has an obligation to prove each and every element of its case beyond a reasonable doubt. That means if it’s a jury trial all twelve jurors must agree on you guilt or innocence. You have many rights in this situation. As an example of some of your rights, the right to a speedy trial by jury, the right to be silent and not incriminate yourself; the right to confront and cross-examine witnesses, the right to call witnesses, the right to present evidence, and the right to an attorney. Even if you cannot afford an attorney one will be appointed for you by the court.

If your convicted (through plea or found guilty by jury) of a DUI, a first time conviction generally has no additional jail time, fines and assessments (about $2000.00) various fee’s and restitution, possible license restriction, DUI offender driving school (must be approved by DMV), and some probation time. (Usually court summary) For each additional conviction (2nd&3rd) the fines and consequences increase up-to but not limited to jail time. Upon conviction of a 4th DUI within ten years the standard misdemeanor charge can increase to a felony. Upon conviction of any felony a person may be sent to state prison. Persons finding themselves in a situation of multiple DUI’s should seek the advice and direction of an attorney.

The California Department of Motor Vehicles has an administrative process which DMV determines whether a person convicted of DUI should retain their driving privileges. Even though a court orders a certain license disposition, DMV may try to tack on an additional penalty or restriction, suspension or revocation. It’s important to immediately request a DMV hearing in all DUI cases. If a DUI defendant fails to properly request such a hearing within 10 days of arrest, the hearing right may be waived.

Although sometimes it seems that DUI court proceedings are somewhat informal, they carry serious consequences within the criminal courts and administratively through the DMV. This information has been provided for informational purposes only and should never be relied upon as legal advice. For further information and advice I highly recommend you consult with an attorney experienced with California DUI laws.

1. Cash Bail, the putting up of money with the court for the entire penal amount of the bail set.
2. Property Bond, the use of real property rather than money. Generally a more complicated and time consuming process.
3. Surety Bail, the use of a surety bail bond via a bail agent, or bail bondsman. Commonly a bail bond agency charges only a percentage of the penal amount of the bail set.

A reduction in bail can come at different times depending on the complexity of a case. Bail can be reduced at arraignment, the conclusion of the preliminary hearing, on the filing of an information or indictment; however some judges are reluctant to reduce bail at arraignment because they know very little about the case. As of arraignment they usually don’t have the police reports to review, the judges tend to avoid making a decision on bail without facts. At this point a bail review, or bail study is generally requested by the judge, a Probation Officer will review the facts and make a report back to the court for a further bail hearing.

A good guideline of how courts set bail is described in the California Constitution, Article I Section 12. In part it guides the court on factors to be considered in the setting of bail, and the reduction of bail. Three factors to be considered are;

1. Seriousness of the offence (s) charged.
2. Defendant’s criminal record.
3. Probability of the defendant (accused) returning to court.

Hearings on bail motions (increase or decrease) are generally informal. Most bail motions are made either orally or in writing. Written motions are generally more complex; include memorandum of points and authorities, and declarations of supporting facts. Some courts even require actual testimony, affidavits, or declarations. The assistance of an attorney is advisable.

The judge has a lot of discretion when setting bail amounts. The California Constitution uses the word “may” with regards to excessive bail. May is a word that gives judges their wide range of discretion. Bail reduction hearings are common place in the courts; some hearings are more complex than others. Judges often have their own mindsets on how bail should be set. Each judge is different; it’s not uncommon to have a different judge review bail on the same case.

If you have a friend or loved one in jail and your lawyer wants to try for a bail reduction don't forget this valuable tool. It may be the determining factor in their release.

• 2010 Felony Bail Schedule - El Dorado County
• 2010 Misdemeanor Bail Schedule - El Dorado County

How the Jail handles the bail amount totals varies from county to county. Some counties maintain the policy of "Stacking" bail. In this system all charges carry a specific amount and are added together, the sum is the amount that the accused must pay for release. Other counties may use only the highest bail amount to determine the total bail.

How to Determine Bail in El Dorado County

El Dorado County is a little Different than most counties in their policy of determining total bail amounts. All misdemeanor counts of a crime are stacked (bail amounts are added together) and felonies are only stacked if the crimes occurred in succession of time ex. burglary, led to hit and run, hit and run led to evasion. Warrants are always stacked for they are different case numbers.

1. Make sure you only deal with a licensed bail agent. Ask to see the bail agent’s license and identification prior to any bail transaction. Ask the agent if their license is restricted or in full force. Use this link to check the agent’s license status. http://www.insurance.ca.gov/0200-industry/0070-check-license-status/
2. Make sure the bail agent charges you only legal rates. The premium charged for a bail bond is normally 10% of the full bail amount. Only select bail agencies are approved to charge a discounted rate of 8%. (Gold Country Bail Bonds is one of the few approved for this rate.)  Any additional charges should be itemized and explained to your satisfaction.
3. Make sure you are given itemized receipts for all charges.
4. Make sure you are given copies of all signed contracts and agreements.
5. If financing is provided, make sure you understand the terms of the financing agreement prior to signing and be sure you are given copies of anything you sign.
6. Make sure the bail agent you contract with will be available to you after the bail bond has been posted. Part of what you pay for is service. Any professional bail agent will be available for questions or concerns throughout the entire process.

Advice: As an informed bail bond consumer, you will have the tools necessary to make the right decisions. Make sure you feel comfortable with the bail agent you choose. Go by your gut instinct. If it feels right, it probably is. If it doesn't feel right, walk away and call someone else. At GOLD COUNTRY BAIL BONDS, we pride ourselves on being professional, straight forward and honest. For immediate assistance, please feel free to contact us.

With our AARP discount bail program Gold Country Bail Bonds offers an instant 20% discount to AARP members, low monthly payments at 0% interest, fast friendly service anytime 24/7 local and nation wide.

Not a member of AARP? Not to worry, Gold Country Bail Bonds offers other discount bail bond programs to union members, active or retired military, or persons retaining a lawyer.

Our discount programs have been carefully engineered with you “our client” in mind. Our bail bond premium discount programs are offered to anyone participating in the transaction. (Co-signors and defendants qualify for a discount) Call us and let one of our experienced agents assist you with one of our discount programs.

In many cases a 1275.1 (California Penal Code) hold is placed on a defendant with drug related allegations, financial crimes or any other occasion that investigators or District Attorney’s (even a judge) believe the bail funds “may” be obtained feloniously. The accused have holds placed on their release because someone in the legal system feels that illegal monies may be being used to release the accused from jail. In any such occurrence where crimes are alleged involved, the activities can generate large sums of un-traceable money (hidden, stolen, ill-gotten) and used in case of emergencies. California law deals with this situation in Penal Code Section 1275.1

When an arresting officer or judge has questions as to the source of funds which may be used for bail, they can file an affidavit and declaration asking for a 1275.1 hold be placed on the accused prior to a release on bail.  

The 1275.1 motion (Application for Release on Bail Bond) can be heard at the first court hearing, the arraignment. If the accused is not prepared to provide the necessary documentation meeting the courts requirements, an additional hearing may be necessary. It’s not uncommon for there to be multiple hearings in a case with a 1275.1 hold placed on the accused. 

The rationale behind placing a 1275.1 hold on the accused is to show the court that the funds used to pay for the bail bond, and all collateral pledged (if any) to guarantee the bond, did not originate from any criminal activity. (Feloniously obtained)

At the 1275.1 hearing the accused’ lawyer, the bail agent, and other persons involved with the bail transaction (including the indemnitor (co-signer), owner of any real property being pledged for collateral) may also have to be present to give testimony as to the assets being used to gain the courts approval and subsequent removal of the 1275.1 hold placed on the accused.

Being successful at this hearing will depend on the experience level of you bail agent Your bail agent will need to provide the District Attorney, as well as the judge, documentation legitimizing the source of funds and collateral to be pledged for the bail bond. It’s important to include bank statements, credit card statements, tax returns, investment account statements, financial affidavits, real property ownership information, and even a signed declaration from the pledging parties.  Due to the nature of these types of cases, each case has distinctive differences. We assist you with the specific needs for your situation. 

Working with you and all parties involved, our 1275.1 trained bail agents get you through this process with as little stress and inconvenience as possible. Our agents understand exactly what you’re going through; we take care of the details so you don’t have to.

FAQ about a 1275.1 hold/hearing;

What is a 1275.1 hold?

The accused is being held in jail until it can be proven that the source of funds pledged for a bail are not feloniously obtained. A hold is place on the accused, thus meaning a bail bond cannot be posted without a court hearing to establish where the bail funds are coming from and their legitimacy.

Who places a 1275.1 hold?

A police officer can request a 1275.1 hold be placed, the District Attorney’s office can request a 1275.1 hold be placed, or a Judge can place a 1275.1 hold on its own motion.

Who has the burden of proof that my bail funds are legitimate?

The accused bears the burden of proof. The accused or his representative must convince the Judge by a preponderance of evidence (more likely than not) that the funds to be used for bail were not feloniously obtained.

Can an application for release under 1275.1 be denied?

Yes, if the court concludes that the source of the bail bond is a product of criminal activity, the bail bond will not be accepted, or if bail has already been accepted, it will be returned. If the court believes the assets or monies used for bail are illegally obtained, or represent the business expense of a criminal enterprise, and therefore there may be minimal incentive for the accused to appear in court, the application for release can be denied.

What types of funds will the court accept?

There are several places funds can come from. Keep in mind that the DA and the Judge are going to evaluate the types and sources of funds you offer. An important issue to overcome is proving that any funds used in the bail transaction have NO connection with the accused charges. Examples: savings accounts, retirement accounts, credit cards, investment accounts ( stocks, bonds, mutual funds) college funds, any other common acceptable method of keeping and maintaining money.

What are feloniously obtained funds?

The law considers any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for the bail which is possessed, received, or obtained trough an unlawful act, transaction, or occurrence constituting a felony. In a nut shell, funds or property considered by the court to have been obtained illegally.

Do I have to be employed?

No, as the co-signor or indemnitor of the bail bond, employment is not a requirement. If you’re employed, it’s best to provide solid proof of employment.

Are all my financial affairs discussed in open court for the public to hear?

We can request that the court close the 1275.1 hearing to the public. Your personal and financial security is a concern to us, so we make every effort we can to protect you as our client.

Can the bail bond premium be loaned to the accused rather than considered a gift?

Yes, nothing in 1275.1 prevents the accused from borrowing bail monies. However, it will be the accused burden to prove that the funds to be repaid such loan, will not be feloniously obtained.

How long does the 1275.1 process take?

Once the application for release is filed with the court, the court has 24 hours to have a hearing. In the event no hearing is held within 24 hours, 1275.1 specifies the defendant shall be released from custody upon posting the bail amount set.

Who should file the 1275.1 application for release?

The law allows an attorney, bail agent, family member, or friend. It’s not recommended for a family member or friend to file this application and attempt to present the necessary information to the court to be successful. An attorney or bail agent that has both training and experience dealing with 1275.1 holds should take the lead. Often times you only get one chance to remove the hold. Making multiple attempts can severely diminish your chances of success.

Are 1275.1 hearings a long process?

Not always. With an experienced author of the application for release, declarations, and combining relevant exhibits, a 1275.1 hearing can be very short. It’s very important to select someone trained and experienced with these sort of hearings.

What happens after the hearing?

After a court hearing, the Judge will sign an order releasing the 1275.1 hold on the accused. At this point the bail bond can be executed facilitating the release of the accused.