How Bail Amounts Are Set in California Counties

The first place prosecutors and judges look when setting bail is the bail schedule.

Every California county has its bail schedule. It highlights bail amounts for each crime that could be prosecuted per the Health and Safety Code, Penal Code, Business and Professions Code, Insurance Code, and other sources of criminal laws in California.

It is the bail amount determined that a defendant can post to secure their pretrial release from detention after their arrest but before arraignment.

It sets a dollar amount for specific crimes, which is approximately the length of incarceration you would serve if found guilty of that crime. For instance, you will pay a higher bail amount if charged with burglary or robbery compared to grand theft.

However, there are exemptions to this rule, based on your criminal history and specific crime characteristics. Enhancements, including that you committed a hate offense, you have pending criminal charges in a different court, your victim was either a minor or aged, and the alleged crime is punishable by a life penalty, can also apply.

Calculating the bail schedule starts with the alleged crime.

If arrested for at least one crime, the bail amount under the schedule will be the greatest among the crimes.

However, there are exemptions, including the following:

• If there exist multiple alleged victims, the court will add the amounts together instead of using the highest amount • The bail amounts will be added together if you committed the crimes on different dates. • Determining whether enhancements apply

On top of or as a substitute for a bail schedule, some counties have duty judges. Duty judges are available to set bail over the telephone, without scheduling a court proceeding. As with the bail schedule, using the duty judge is ideal for suspects who are apprehensive about securing a pretrial release before attending court.

The judge can determine the required bail amount either during arraignment or at a bail hearing.

When setting your bail, the judge considers numerous factors, including the following:

• Your criminal history— The judge is likely to deny or set a higher bail amount if you have a previous conviction and have previously jumped bail. • Your community ties—Community ties are the connections you have in your community, including residency, social relationships, employment, and family. The ties are fundamental because they can signal your dedication to staying in the community and to stability, reducing the perceived risk of a fight. • Whether your release will compromise public safety—The judge is tasked with safeguarding the integrity of the California judicial system and the wellness of society. Therefore, the judges take accusations of repeat crimes, threats, abuse, and violence seriously. The judge might conclude that you pose a risk if released, especially if the victim is at risk. • The severity and nature of the crime—Typically, violent felonies and serious felonies attract higher bail amounts than misdemeanors. Some of the variables judges consider when evaluating the severity of a crime include whether you threatened witnesses or victims, whether you used deadly weapons or firearms, and whether the crime involved drugs. • Whether you can flee the state

The bail hearing permits you to ask the judge to either eliminate bail and release you on your own recognizance or reduce your bail amount.

When determining whether to lower your bail amount, the judge will consider the following:

• Public safety • The likelihood of showing up in court when required • Your criminal record • The severity of the criminal activity • Your capability to pay bail

If you are prosecuted for a violent felony or serious felony, the judge cannot lower the amount below the scheduled figure unless it finds good cause or unusual circumstances.

Good cause or unusual circumstances do not comprise the following:

• You attended your scheduled court proceedings • You have not committed another crime, but rather • There are changes in circumstance, proven by new proof

"Change in circumstances" means changes in your situation, case facts, or hearings. It does not imply that the court made a mistake when setting bail or failed to analyze your criminal case properly.

One way your defense attorney can persuade the judge to reduce the bail amount is by suggesting bail conditions. Common bail terms include the following:

• Restricting your travel and requiring you to surrender your driver's license or passport • Home arrest • Refraining from interacting with specific places

The judge can also raise the bail amount. If you are seeking a bail amount reduction, the prosecutor can provide the court with details that the judge might be unaware of. If the judge raises your bail amount beyond the amount you can afford, they have the discretion, provided they have not abused that discretion.

Instead of paying bail, you can ask the court to release you on your O.R. Provided the prosecutor has not filed a crime that carries a death penalty, you have a right to the O.R. release unless the release will not guarantee that you will make future court appearances or will compromise public safety.

Bail acts as a guarantee that you will appear in court when required. Every California county has a preset bail schedule for most crimes, allowing you to post bail immediately after the booking process. However, you can choose to wait for the judge to set bail during the arraignment hearing after considering different factors like the severity of the crime, your criminal record, your community ties, whether you can flee the state, and public safety.

If the set bail is too expensive for you to afford, you can contact Future Bail Bonds at (714) 515-5154. We can post your surety bond and secure your pretrial release promptly and at an affordable cost. We can also address your concerns and answer your questions to ensure you understand how the bail amount is set.