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When you are arrested, bail becomes relevant. A county-specific bail schedule generally determines the required bail amount. Each county’s Superior Court adopts a bail schedule, guided by Judicial Council standards, that sets presumptive bail amounts by offense. It provides a consistent framework that allows law enforcement and judicial officers to determine bail quickly following arrest.
Bail is not punitive. It is a guarantee that a defendant offers that he/she will attend all required court appearances. Although the bail schedule provides baseline amounts, judges generally have discretion to adjust bail, though for serious felonies, reducing bail below the prescribed amount typically requires exceptional circumstances. They will consider a defendant's criminal record and whether he/she poses a danger to the population or is likely to escape. Learning about this system is a crucial step for every person who wants to go through the legal process in California. The information below describes California bail schedules at length, including how bail schedules work.
What are California Bail Schedules?
A bail schedule is a table of fixed bail amounts for most crimes, determined by the Superior Court judges of a particular county. It serves as a quick-reference guide for law enforcement and magistrates to determine bail amounts immediately after an arrest. It is mainly aimed at standardizing the process of bail such that once someone is arrested, they can be released on bail without spending days in jail before a judge can set bail at the arraignment hearing. This system will make the pre-arraignment release more efficient and uniform.
California Bail Schedules
The 58 counties in California have individually different bail schedules. Although there are similarities among counties, the bail amounts by offense can differ significantly. That is why it is important to understand how bail schedules work for the particular county in which the arrest was made.
For example, the San Diego County felony bail schedule has specific bail values for crimes like drug possession, assault, and theft. The schedule gives a definite figure, for example, $20,000 for possessing a controlled substance for sale, which can be posted directly to the court or through a bail bondsman.
Nevertheless, a judge may make an exemption to the schedule depending on an individual's circumstances. Factors, including a defendant’s criminal record, likelihood of fleeing (flight risk), or the nature of the offense, contribute to the judge setting a higher or lower bail. The California bail schedule can thus be an entry point and a vital resource in maneuvering the bail system.
Bail Amounts of Common Crimes
The San Diego County bail schedule lists the standard bail amounts for many crimes as a quick reference guide for law enforcement and magistrates. The schedule makes bailing individuals out of custody more efficient, as a person can post bond without waiting to be heard in a court of law. Full bail is the amount the defendant pays the court to secure his/her release. Most individuals, however, use a bail bond company, where the fee is a 10 percent non-refundable premium to bail out.
Here are bail schedules in California: the amounts of bail set on some typical offenses and the average premium charged on bail bonds for these crimes.
Driving Under the Influence (DUI)
A DUI offense (which is codified under Vehicle Code 23152(a)/(b)) has bail amounts that differ according to the details of the charge. The value of bail for a first-offense misdemeanor DUI is about $2,500. This amount could increase for repeat offenses. A second misdemeanor violation attracts a $10 000 bail. For a felony DUI, for example, a DUI that causes injury, the bail value could go as high as $100,000 or even more.
The figures remain unchanged in San Diego.
Assault and Battery
In California, the bail bond values for assault and battery crimes are directly linked to the seriousness of the crime.
Simple battery, a violation of Penal Code 242, is a misdemeanor where force is used unlawfully and without serious harm. Its bail value is normally $1,000. On the other hand, the bail values for more serious crimes under this category significantly increase.
Assault with a deadly weapon (PC 245(a)(1)) is a felony, and the bail is much higher, at $25,000 or more. Other charges also have specific bail amounts. For example, assault with a firearm (PC 245(a)(2)) has a bail of at least $50,000, and assault with a semiautomatic firearm (PC 245(b)) attracts a bail of at least $200,000.
A judge can further change regarding the case's particularities, the defendant's previous criminal record, and the risk of grave bodily harm.
Domestic Violence
Domestic violence crimes, like Corporal Injury to a Spouse or Cohabitant (PC 273.5(a)), are a highly bailable offense due to their sensitive nature and the potential threat the defendant may pose to the victim.
In this felony crime, the bail bond is fixed at $50,000. At a judge's discretion, this amount can be increased in case of:
- Prior convictions
- A record of violating restraining orders
- Other reasons that indicate an ongoing threat to the victim
San Diego's schedule specifically differentiates between these kinds of crime, and the safety of the supposed victim is the primary consideration.
Drug Offenses
Drug-related crimes often carry substantial bail amounts. In a case like possession for sale of a controlled substance (HS 11351), the bail is $25,000. The exact nature of the drug and its amount can be the factors that result in either an increase or a decrease in this amount.
Another factor that a judge can put into consideration is whether the defendant has a history of drug-related offenses or committed the crime in a school zone, which could lead to a higher bail amount.
Burglary
Burglary offenses are categorized in degrees, and the bail amounts are related to the severity of the offense.
Residential burglary in the first degree (PC 460(a)) is a serious felony, which entails the intrusion of a dwelling. The bail for this crime is usually around $50,000.
Second-degree commercial burglary (PC 459) is a wobbler, where the entry is into any other building other than a home, for example, a commercial building or warehouse. This means that it may be charged either as a misdemeanor or a felony. Depending on the type of crime, a misdemeanor is usually charged at a bail of $5,000, whereas a felony can be charged at $20,000 or $25,000.
A judge can raise bail depending on many factors, such as:
- The previous criminal record of the defendant
- Whether a weapon was used in the crime
- Failure to appear earlier in court
Rape
Some of the highest figures are associated with bail in the most heinous crimes, especially those where sexual violence is involved. In case of a felony offense like rape by force, violence, or fear (PC 261(a)(2)), the bail will normally be between $100,000 and $150,000, depending on the county bail schedule.
However, a judge can deny the defendant bail in these serious crimes. This is not a light decision and is arrived at after critically reviewing the case and the defendant's history. A judge can deny bail where there is clear and convincing evidence that the defendant is at high risk of flight or is dangerous to society, particularly the victim. The defendant's criminal history, threats to the victim, or a record of not appearing before a court are all considered. The defendant will be detained until their trial if bail is not granted.
Why Is My Bail Higher Than the Schedule?
The bail amounts by offense found in a county bail schedule are merely the minimum, and the amount a person will spend to be released may be much higher for several reasons. These enhancements are more of legal add-ons to certain situations surrounding the crime or the defendant's background.
The bail schedules are a starting point for the court, but they do not fully show how bail schedules work in California. For example, an individual with a previous strike conviction in his/her record, as stipulated in the Three Strikes law in California, will be required to pay a higher bail. In the same way, a crime committed in favor of a street gang or with the use of a firearm can also raise the bail amount. The increased danger to the population's safety is a characteristic feature of these enhancements and is an ordinary component of calculating the bail amount.
The other significant aspect that may influence the bail is a PC 1275 hold. This hold is a legal provision that bars the defendant's release on bail if there is suspicion that the bail money comes from illegal proceeds. An example is when a person is arrested due to drug trafficking charges and happens to be carrying a significant amount of cash, law enforcement may assume that the money is a result of his/her criminal activity. They are then able to put a 1275 hold on the defendant. This hold does not allow the defendant to spend the money or any money until the origin of the funds is established to be legitimate during a court hearing. Even when a defendant has the money to pay, he/she cannot post bail until a judge removes this hold.
The Critical Difference Between the California Bail Schedules and the Arraignment Decision of the Judge
The bail schedule offers a temporary bail amount that allows an instant release of a defendant after booking, once paid. Understanding how bail schedules work is crucial, as they provide a starting point for the court process. A judge, however, sets the actual bail during the defendant's first court appearance, which is referred to as the arraignment. At this hearing, a judge can decide to maintain the bail at the amount set or modify it depending on a more thorough evaluation of the case.
A judge takes into consideration several factors when deciding the final bail amount. They will determine whether the defendant poses a flight risk, whether the defendant will threaten the community, and the seriousness of the crime they are facing.
A criminal record of the defendant and his/her ties to the community, including the job, family, and other local affiliations, is also taken into consideration by a judge. These factors assist the judge in making a sound judgment concerning the amount of bail to be set.
The result of an arraignment may be drastically different. The judge can:
- Leave the bail at the scheduled amount
- Increase the bail when the accused is considered a flight risk or a threat to society
- Reduce the bail in case of good community ties and a low criminal record of the defendant
The best possible situation is to grant an Own Recognizance (O.R.) release. This means that the defendant is released without paying any bail with the promise of appearing before the court on all occasions. This alternative is typically left to individuals with significant ties to the community and who have committed minor crimes.
If your bail is too high, you have two major options: request that the judge reduce the bail amount or use a bail bondsman to post the bail on your behalf. These are the most viable alternatives that provide release options in cases where you cannot afford the entire amount the court requires.
Request for Lower Bail or O.R. Release
An arraignment may be the best opportunity for a bail reduction, and a criminal defense attorney can be your best friend. This initial court appearance is where the judge sets the actual bail amount, and your attorney can argue for a reduction or an Own Recognizance (O.R.) release. The lawyer will present positive information about you, which includes:
- Your strong community roots
- Stable employment
- Family responsibilities
- No prior criminal record
These aspects prove that you are not a flight risk and do not present a risk to the public’s safety. The judge can also consider the nature of the crime itself and any mitigating circumstances.
The judge may offer to reduce the bail amount and make it affordable, or allow you to walk out with a zero-dollar bail. The ideal scenario is an O.R. release, whereby you are released without paying money, provided you promise to attend all future court hearings.
The Bail Bondsman Option
Using a bail bondsman is the most common solution when a judge refuses to lower a bail amount and the amount is too high. To determine the potential cost, you will need to know the bail amounts by offense. This is the figure a bondsman will use to calculate their fee.
A bail bondsman is a surety who pays the full bail amount to the court on your behalf. In return, they charge you a non-refundable fee, called the premium, of about 10 percent of the total bail amount. The bail bondsman bears the financial risk, and you will promise to appear in court on all the scheduled dates. Otherwise, the bondsman would hire a bounty hunter to locate and return you to court.
Find a Bail Bondsman Near Me
California’s bail system may be tough to grasp, with the schedule of bail amounts by offense being only one step of the process that should be understood, followed by the possible enhancements and the judge's final decision. The system provides choices, but sometimes it is essential to be well aware of your rights, how bail schedules work, and the legal course of action to ensure a prompt release.
In the event of a large bail, you can request the bail amount to be lowered or seek the services of a professional. If you or your loved one requires bail bond services in the San Diego area, contact San Diego Bail Bonds at 619-233-3383 for professional advice and prompt assistance with release.
