How do I get a 1275 hold lift?

To have a 1275 Hold on Bail removed, you will have to convince a judge that the money being used to pay for bail was not illegally obtained. To do this, you'll need the help of an attorney or an experienced bail bondsman who can help explain the source of the money being used for bail.

What is a Humphrey bail motion?

Humphrey, 228 Cal. Rptr. 3d at 545. It noted that article I, section 12 of the California Constitution establishes a person's right to obtain release on bail from pretrial custody except in certain cases of capital crimes, violent or sexual felonies, and serious threats of violence.

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Motion to Release Defendant and Set Reasonable Bail

Alameda California Motion to Release Defendant and Set Reasonable Bail

Name: Alameda California Motion to Release Defendant and Set Reasonable Bail
Brand: US Legal Forms
Rating: 4.84 (354 reviews)

Category:

Criminal - Motions

State:

Multi-State

County:

Alameda

Control #:

US-02728BG

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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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How to fill out Alameda California Motion To Release Defendant And Set Reasonable Bail?

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Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.

California Penal Code Section 1275.1 PC 1275.1 states that if there is probable cause to suspect that the money or property used to post bail may come from criminal activity, bail will not be accepted. This is commonly known as a 1275 hold. The hold can be placed by the arresting officer, a prosecutor, or a judge.

To have a 1275 Hold on Bail removed, you will have to convince a judge that the money being used to pay for bail was not illegally obtained. To do this, you'll need the help of an attorney or an experienced bail bondsman who can help explain the source of the money being used for bail.

Ex parte is a Latin legal term for from (by or for) one party. An Ex Parte Application is used by one. party to ask the court for an order, such as an order changing a hearing date or deadline, without the usual notice to the other parties to give them time to prepare an opposition.

What does this mean? This charge is an enhancement when you get re-arrested after posting a bail bond. This does not preclude you from being charged with whatever new offense you were arrested for but instead attaches to your original case where you had posted bail.

Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.

An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.

Humphrey, 228 Cal. Rptr. 3d at 545. It noted that article I, section 12 of the California Constitution establishes a person's right to obtain release on bail from pretrial custody except in certain cases of capital crimes, violent or sexual felonies, and serious threats of violence.

The standard conditions of any Bail Order state that an accused person must: Turn up at court on each date the case is assigned to call. Not interfere with any witness or obstruct proper conduct of the case. Not commit any further offence while subject to the bail order.

Application and Notice Requirements An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party if known to the applicant.

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Johnson eventually posted bail and was released at a.m. Typically, at this court hearing, the judge will set a bail amount and conditions of release.How Is Bail Determined in Oakland? County of Alameda, California, et al. The two jails in Alameda County include Glenn E. Dyer Detention Facility at 550 6th Street in Oakland and Santa Rita Jail at 5325 Broder Blvd. Sometime after Dobbs's investigation of Klahn, Winn set out to have him arrested. Rule 4. United States. Congress. Senate. May be waived , a motion in the circuit court to - ( 111 .

Alameda California Motion to Release Defendant and Set Reasonable Bail

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How to fill out Alameda California Motion To Release Defendant And Set Reasonable Bail?

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How do you write an ex parte motion?

What is a 1275 hold?

How do I get a 1275 hold lift?

What is a Notice ex parte?

What does bail enhancement mean?

How do I file as ex parte in Alameda County?

What is an ex parte motion California?

What is a Humphrey bail motion?

What are standard bail conditions?

How do I file an ex parte application in California?

Interesting Questions

What is Alameda Motion to Release Defendant and Set Reasonable Bail?

Why would someone file an Alameda Motion to Release Defendant and Set Reasonable Bail?

What does 'set reasonable bail' mean?

How does the court decide if bail is reasonable?

What happens if the court denies the Alameda Motion to Release Defendant and Set Reasonable Bail?

Can the defendant request a change in the bail amount?

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