A California bail-source hold is different from a decision that the bail amount is too high. Under Penal Code section 1275.1, a judge or magistrate must have probable cause to believe some part of the money, pledge, security, deposit, or indemnification was feloniously obtained. If the court makes that finding, the defendant must prove by a preponderance of the evidence that no part came from a felony. A loan is permitted when both its funding and repayment use money that was not feloniously obtained. (Penal Code § 1275.1.)

What must support the hold?

The probable-cause basis may be a sworn declaration from a peace officer or prosecutor, or the judge or magistrate’s own finding. The statute defines “feloniously obtained” by reference to an unlawful act or transaction constituting a felony. A third party’s offer to pay, or suspicion based only on who owns the money, is not itself the statutory finding. The defendant’s later burden is to show, more likely than not, that no portion of the bail consideration was obtained through a felony. (Penal Code § 1275.1.)

Ask counsel for the filed declaration or order, its filing date, the bail amount already set, and the records showing where the funds came from and how they were transferred. For a legitimate loan, useful records may include the lender’s source of funds and the loan terms. Section 1275.1 requires a copy of a declaration by the date set under Penal Code section 825; the timing follows that section’s first-appearance rules and exceptions. (Penal Code § 1275.1; § 825.)

A person providing any portion of the bail may ask for a closed hearing to protect financial privacy. It is an available request, not automatic secrecy. (Penal Code § 1275.1.)

What does the 24-hour rule do?

The statute addresses one limited situation: if a declaration is filed but the judge or magistrate does not act on it within 24 hours, the defendant must be released from custody upon posting the bail already set. It does not create a general 24-hour deadline for every source investigation, erase another hold or court order, or guarantee release without posting the authorized bail. (Penal Code § 1275.1.)

A request to lower bail is a separate issue. Penal Code section 1275 concerns the court’s bail-setting decision and relevant factors; section 1275.1 addresses whether the offered security has a lawful source. A source hold does not itself decide whether the amount should be reduced or whether the person is eligible for bail. (Penal Code § 1275.)

For a California criminal case, see the California bail hearings page. The Law Offices of David S. Chesley can review the hold paperwork and available funding records. Call (800) 755-5174.