PC 1275.1 Source of Funds Hearing in California

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

You posted, or tried to post, bail and the jail says there is a hold. Or a lawyer used the words "1275.1 hearing" and nobody explained them. This guide covers what the law says, what the judge wants to see, and how to bring clean paperwork so your family member is not stuck waiting longer than needed.

It helps to know up front that this is not a punishment and not an accusation against you. Penal Code section 1275.1 is a safeguard that lets a court ask where bail money came from before it accepts the bail. Most families clear it by showing ordinary records, such as pay stubs, bank statements and a signed loan agreement.

What Penal Code 1275.1 says in plain words

Section 1275.1 starts with a simple rule. Bail cannot be accepted unless a judge or magistrate finds that none of the money, pledge, security, deposit or promise behind it was feloniously obtained. "Feloniously obtained" means received or possessed through an unlawful act that amounts to a felony. Money that came from a paycheck, savings, a gift, a sale or a loan does not meet that definition.

The statute does not let a hold happen just because someone is nervous. A hold on release can be ordered in only three situations. A peace officer files a sworn declaration saying there is probable cause to believe the source was felonious. A prosecutor files a sworn declaration saying the same thing. Or the judge or magistrate personally has probable cause to believe it.

Once probable cause exists, the burden moves to the defendant. The defendant must show, by a preponderance of the evidence, that no part of the bail money or security was obtained by felonious means. That is a lower bar than "beyond a reasonable doubt." It means more likely than not. When the defendant meets it, the judge must release the hold and the defendant can be released on the bail amount that was set.

The statute also gives the defendant protections. The defendant and the defense lawyer must get a copy of the declaration of probable cause no later than the deadline in Penal Code section 825, which is generally within 48 hours of arrest, excluding Sundays and holidays. If a declaration is filed and the judge does not act on it within 24 hours, the defendant is released once the bail amount is posted.

How a hold actually starts

Most holds begin at or soon after booking, or when someone shows up with a large amount of cash. A bank or jail clerk may notice unusual cash. A detective may be looking at the case for an unrelated reason. A prosecutor may think the money connects to the alleged offense. Sometimes the hold is routine in a type of case, such as an alleged drug sale or fraud charge, where the money trail is part of the investigation.

You may hear about the hold in different ways.

• The jail or bail desk tells you the person cannot be released until the court reviews the source of the bail.
• The defense lawyer or public defender tells you a declaration was filed.
• The judge at arraignment sets a date for a source hearing.

Ask whoever tells you for the exact reason and the date. If you cannot find out, call the court clerk for the department or the public defender's office. Our guide on how to find someone in jail in Los Angeles shows where to look up the booking.

A hold is about the bail money, not about whether the person is guilty. Treat it as a paperwork problem you can solve.

What the court looks at

The judge wants to trace the money from where it started to where it ended up. The question is simple. Was any part of it obtained through a felony. The judge does not need a perfect audit, but a clear trail helps a great deal.

Expect the court to ask about these things.

• Who is paying. The person paying the premium, the person putting up collateral and the person signing as co-signer may all be different people.
• Where each dollar came from. Paychecks, savings, tax refunds, a sale of a car or a house, a loan, a gift from a relative or a settlement.
• How it moved. Withdrawals from a bank, transfers between accounts, cash on hand and for how long.
• Whether the story is consistent. Dates, amounts and names should line up across the documents.

The statute also covers more than cash. A pledge of property, a deposit and a promise of indemnity all count as consideration. If you are putting up a car title or the equity in a house as collateral, the judge may want to see how you came to own it.

Two further points matter. Under subdivision (e), a defendant may borrow money to pay for bail, as long as the loan is funded and repaid with money that was not feloniously obtained. And under subdivision (f), a person who provides the money can ask the judge to close the source hearing to the public to protect their financial privacy. If that matters to you, ask the lawyer to make the request.

How to prepare your paperwork

Think like the judge. You want to answer every question before it is asked. Gather paper, put it in date order and make two copies. Give one set to the defense lawyer and keep one.

Documents that usually help.

1. The last three months of bank statements for the account the money came from, with the matching withdrawal circled.
2. Recent pay stubs, a W-2, tax returns or a letter from an employer.
3. A bill of sale, title transfer or closing statement if the money came from selling something.
4. A signed and dated gift letter from a relative, with their contact details and a copy of their bank statement showing the transfer.
5. A loan agreement if the funds are borrowed, with proof of who funded it and how it will be repaid.
6. A government photo ID for every person who is paying or co-signing.

Some honest tips. Do not move money between accounts in a hurry to make it look tidy, because that can make the trail harder to follow. Do not bring cash from an unclear source. Do not guess at amounts, because the judge can ask follow up questions and a wrong guess hurts more than "I will have to look that up." And do not write anything down that is not true. Under subdivision (i), a defendant who willfully misleads the court about the source of bail can face a higher bail amount, and the misrepresentation may be counted in later bail hearings.

How a bail agent helps with the paperwork

A bail bond changes the picture in a useful way. When the money behind a release is the premium paid to a licensed bail agent rather than a large pile of cash, there is a smaller sum to trace. Subdivision (j) of the statute even says that when a defendant meets the burden and will be released on a bond from an admitted surety insurer or approved bail agent, the judge shall vacate the hold on the condition that the consideration for the bond is approved by the court.

That is where we come in. We cannot decide the hearing and we do not speak for the court. What we can do is help you put the right papers in front of your lawyer.

• We explain what the premium, the co-signer's promise and any collateral each count as, so your records match.
• We give you a numbered written statement of the bail transaction, as California rules require, so the amounts are on paper.
• We tell you what we need from the co-signer, such as proof of income and ID, and we keep copies organized.
• We stay in touch with your lawyer or the public defender so the hearing date and the paperwork do not slip.

Jane Un started Bail Today, Pay Later in 2004 after her own time in the system, and she is often in court to offer support. We do not play games on the worst day of your life. If your documents are thin, we will tell you so before the hearing, not after.

A word on cost. We ask for 1% of the bail down on approved credit, and the rest of the premium is paid on a monthly plan. The premium itself is 10% of the bail, the rate on file with the California Department of Insurance, or 8% if a private attorney is retained or the defendant or co-signer is a veteran. Approval is required. See how it works on our 1% down page and compare it in 1% down vs 10% bail.

What happens at the hearing

Source hearings are usually short and held in open court unless the judge closes them under subdivision (f). The prosecutor may state why the money is in question. The defense lawyer then presents the records and any witnesses, such as the family member who is paying. The judge asks questions and decides whether the defendant has met the burden.

If the judge is satisfied, the hold is released and bail can be posted. If not, the judge can leave the hold in place. A lawyer may then ask for another hearing with better records, offer a different source of funds or ask the judge to reconsider bail. A lawyer may also argue for a bail reduction or discuss whether the case qualifies for a hearing before release under Penal Code 1270.1.

Bring a calm, respectful family member. Dress for court. Arrive early. Do not argue with the prosecutor or the judge. Let the lawyer speak, and answer only what you are asked.

Common mistakes that slow things down

• Showing up with cash and no records. Even honest cash can look strange without a paper trail.
• Using someone else's account without telling the lawyer. The judge will ask whose money it is.
• Mixing several sources and not labeling them. A simple one page summary listing each source and amount helps.
• Waiting for the last minute. Start collecting documents the day the hold is mentioned.
• Talking about the facts of the case to the person in jail on a recorded jail phone. Jail calls are recorded. Keep those calls to practical matters and let the lawyer handle the case.

Where to start today

Write down the booking number, the jail, the court date and the name of the lawyer. Then start gathering the six document types above. If a bond is part of your plan, call us and we will tell you what we need. {{PREG}}

Jane Un Bail Bonds is licensed by the California Department of Insurance (License #1843448). Call (213) 725-2815 any hour, or start the short online application. Our Los Angeles office is at 900 Avila St Suite 101, a short walk from the downtown jails, and the jail pages show where people are held.

We are bail agents, not lawyers, and this page is general information and not legal advice. For advice about a specific case, speak with your lawyer or the public defender. Free help is listed in our resources directory.