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In California, bail is a financial guarantee or court-imposed conditions that are intended to guarantee a defendant will appear for all future court dates. The exact processes and expenses involved in your release can vary based on the nature of your charge, whether it's a misdemeanor or a felony.

In this article, you'll see the distinctions between misdemeanor and felony bail, from the first bail amounts that county schedules set to the bail release. The differences in contrasting requirements for collateral and the effect of sentencing enhancements help to explain what you can expect when applying for a pretrial release.

Comparison of the Bail Schedule Basics

The difference in the cost of misdemeanor and felony bail is significant in California. This section compares the dollar amounts that county bail schedules set for various crimes. You discover how a misdemeanor can be a seemingly insignificant charge that may have no monetary requirements, and a felony charge can require a significant amount of money and the complicated financial "stacking" rules that can be daunting to any family.

Misdemeanor Bail

The bail amount for a misdemeanor is typically not a huge amount of money. Misdemeanors in California are crimes that can be sentenced to up to 1 year in county jail. The fines are usually not more than $1,000. These offenses are less serious, and the bail schedules show a low flight risk. You get a system that treats you differently from those facing felony charges, so you are a lesser danger to public safety.

The bail schedule for common misdemeanors in many jurisdictions is from $500 to $5,000. The use of $0 bail has grown substantially in the current reform trends. If you are charged with a misdemeanor that is not violent and is a low-level crime, there is a protocol called "Cite and Release" that you may be eligible for. This means that the police will give you a citation and a court date before you are allowed home. In these situations, you won't pay a dime.

However, you still face specific exceptions for certain crimes, such as:

  • Domestic battery under Penal Code 243(e)(1).
  • Violations of a protective order under Penal Code 273.6.
  • Penal Code 646.9 Stalking.
  • Driving while intoxicated.

Felony Bail

Felony is the most serious type of crime in California. They are punishable by more than one year in state prison. This means that the bail you will see is much greater than that of misdemeanors. The base value of most felony schedules is $20,000. They can quickly get into the millions if the crime is violent or severe. These high costs are largely due to the “stacking” of sentencing enhancements.

In the case of felony bail, the amount of bail is not fixed but is raised for each additional factor in your case. Your overall financial commitment increases according to certain additions. These additions include:

  • Weapon Enhancements: You pay $50,000 or more if a firearm was involved.
  • Gang Allegations: Your crime is associated with a street gang, and you will have to pay $40,000 more.
  • Great Bodily Injury: If the victim suffered serious injury, you will be charged an additional $30,000.
  • Three Strikes Law: If you have previous convictions, your bail could be doubled or tripled.

Contrast Release Procedures and Wait Times

The amount of time you will serve is directly related to the charge. This section contrasts the swiftness with which misdemeanors are processed with the strictness that applies to felonies. You will find out why some people leave in hours, and others have to wait for an official judge's review. These delays may impact your return to work and family time.

The Streamlined Misdemeanor Release Process

When arrested for a misdemeanor, the system is geared toward getting you out of jail quickly. For most minor offenses, California law presumes that the defendant is entitled to be released on "own recognizance" (OR). You do not have to post cash or a bond. You instead sign an agreement in writing to show up in court. This helps prevent overcrowding in the jail system of individuals who are not a high risk to the community.

The booking of these charges is usually very basic. Sometimes, you may not even need to go to jail. If the officer who made the arrest gives you a field citation, you can leave right away. If the police do take you to a station, the processing typically takes a few hours. These "lesser" crimes aim to prevent unnecessary pretrial incarceration. You are perceived as a person with good ties to the community and a low likelihood of leaving the jurisdiction.

Mandatory Felony Booking and Magistrate Review

You're facing a much stricter and lengthy process with felony arrests. If you are charged with a felony, you may not skip the booking process. The jail staff will have to fill out a complete identification record. This includes taking DNA samples for the state database and taking high-resolution photographs. They also conduct extensive background checks on you, including any active warrants and parole holds you may have.

The Magistrate Review category includes many felonies. The charge has to be for violence before you can be released immediately through the bail schedule. Penal Code Section 1270.1 requires a formal hearing in open court prior to any bail reduction. This can also require you to stay in custody for up to 48 hours. This time allows the court to determine if you are a flight risk and if you pose a threat to the public. You will need to wait until a judge has heard the facts of your arrest before you can leave.

Variations in Bond Requirements and Financial Scrutiny

A bail bondsman treats misdemeanor and felony cases differently. This section emphasizes the differences in the need for collateral and documents. You can understand why a simple signature may be enough for a misdemeanor bond, but a felony bond may need a lot of financial investigation. When facing serious felony charges in California, you will be required to give a lot of details concerning your assets.

Misdemeanor Bonds

Securing a bond for a misdemeanor is a simple financial transaction. The overall amount of bail is small, so the risk to the bail bonds company is also small. In most cases, you or your co-signer will only be required to pay the regular 10% premium. Typically, you won't need to give any physical security for such a small amount. This will help your family not to be stressed and will make the process much faster.

A "signature bond" is usually used in these cases and is the bail bonds company's responsibility. You prove your job and a stable home. After signing the papers and paying the premium, the bail bonds company will post the bond at the jail. There are fewer restrictions when you're released. GPS monitoring and intensive check-ins are rare. This means you can get back to your life and work, and your legal team can work through the upcoming court dates.

Felony Bonds

Felony bonds are much more costly for you. Once the bail is set at $50,000 or $100,000, a bail bonds company will need a guarantee. This results in high collateral demands. It might be necessary to pledge the following:

  • Real estate equity that is held in a deed of trust for your home.
  • Car titles for vehicles with a high resale value.
  • Jewelry or other liquid assets of high value.

In addition to collateral, felony releases may also be subject to a PC 1275.1 Hold. The police can prevent you from being released if they think the bail money was obtained through crime. You will then have to go to a hearing to establish that the source of your funds is legitimate. In addition, the court may set terms that seem quite restrictive. Electronic GPS monitoring or house arrest may be imposed. The court could even order you to give up your passport so you can't leave the country until your case is resolved.

Find a California Bail Bonds Company Near Me

The first step to getting your freedom back and preparing your case is to understand the difference between misdemeanor bail and felony bail. From a minor infraction that may be deemed a citation to a serious felony with substantial monetary enhancements, the intricacies of the California bail system demand an expert guide.

At Future Bail Bonds, we work with California defendants to help them find the right way to navigate these different paths, without leaving them behind bars just because they don't know the rules. Assistance is available 24 hours a day, and payment options are flexible and are based on your charge classification. If you or someone you care for requires professional help, please feel free to contact our bail bondsmen at 714-515-5154.