Why Might Bail Be Set Higher Than Expected in California?

Generally, judges set bail guided by a bail schedule. Every county has a bail schedule that guides judges when setting bail. The schedule lists a wide range of crimes with their corresponding bail amounts. When setting bail, a judge can impose the amount listed on the bail schedule.

However, judges can also deviate from the bail schedule and set a higher or lower amount based on the case's circumstances. Aggravating factors would cause a judge to set a higher bail amount. The aggravating factors judges consider include the following:

A defendant's criminal record influences the total bail amount the judge imposes. Before imposing bail, judges analyze the defendant's prior arrests and convictions. If the defendant has an extensive record of arrests or convictions, they will likely pay more in bail. Conversely, someone facing their first arrest will face a lower bail value.

Judges may also consider whether the defendant's current charges are similar to those they have faced before or whether the defendant is already serving parole or probation. In that case, the judge may conclude that further violations are likely and set a higher bail amount to discourage the defendant from reoffending.

The primary condition for pretrial release is that the defendant must appear at all required court hearings. If they attend the required court hearings, the bail money will be refunded. However, if they fail to show up, they may forfeit their bail money.

If the accused has ever failed to attend court as required, whether after release on bail or not, the judge can impose a higher bail amount against them or set stricter conditions. A higher bail amount will likely motivate the defendant to attend the hearing so they do not lose the money to the court.

Severe charges are also an aggravating factor that can increase bail. In certain scenarios, the judge may not set bail at all. Generally, when setting bail, judges consider crimes with the following elements to be severe:

• Presence of injuries and severity. Causing severe bodily harm or great physical injury to the involved victim raises the seriousness of the crime, therefore raising the bail value required for release for the defendant. • Use of weapons. A crime in which the defendant used, displayed, or discharged a gun or deadly weapon significantly increases the standard bail amount. • Gang affiliation. If the defendant belongs to or committed the offense for the advantage of a criminal street gang, the judge will likely impose a higher bail amount. • Special victim vulnerability. Targeting vulnerable victims, for example, the elderly or children, is a major element that increases the seriousness of the crime, subsequently increasing the bail amount.

Courts usually assess the defendant's link to their community when setting bail. Having lived only briefly in the community or never living there at all is an aggravating factor that can lead a judge to set a higher-than-expected bail amount.

Other factors include a lack of family responsibilities, local employment, or a business within the community. These factors solidly indicate the defendant's unreliability. They suggest that the defendant has no roots or connections in that community and will likely flee the jurisdiction once released.

Lack of support from other parties can also lead to a high bail amount. If the defendant has no friends, mentors, or employers to vouch for them, the judge may see it as a lack of accountability.

Public safety is one of the primary factors judges consider when setting bail. If the judge deems the defendant a danger to society, including victims and witnesses, they may increase the bail amount. For example, in cases of domestic abuse, courts usually set higher bail amounts and add restraining orders.

In some instances, the judge may deny bail altogether if they believe the defendant will be dangerous when released. When a defendant is denied bail, they stay in custody until the case is resolved.

A judge might also set high bail for other legal reasons. For example, they may consider whether the defendant is a flight risk. If the judge determines a defendant will likely flee the jurisdiction before the case is settled, particularly if they were apprehended while on the run from police, they will likely set a high bail amount. In addition to a higher bail amount, the judge may require the defendant to surrender their travel documents, including their passport and driver's license.

When setting bail, judges may also analyze the defendant's behavior while in custody. Disobeying staff, fighting, threatening witnesses or victims from behind bars, or possessing contraband indicates that the accused might interfere with the judicial process or threaten public safety. Therefore, the court may set a higher bail amount.

Committing new crimes like contraband smuggling or assault while detained generally leads to more criminal charges, which significantly increases the chances that the judge will set a higher bail amount or deny bail entirely.

Judges can also assess the risk of noncompliance. They view an accused's behavior in detention as a preview of how they may handle pretrial release conditions. Failure to cooperate with authorities or disruptive conduct suggests an inability to follow the rules, which may result in a higher bail value.

If you or your loved one has been arrested, knowing how bail decisions are made can help you take the proper steps and prepare in advance. If you think the bail amount will be higher than you can afford, call a reliable bail bondsman as early as possible to keep the bail process as brief as possible.

At Future Bail Bonds, we can help you post bail regardless of the amount. Our trustworthy bail bondsmen work around the clock to get clients throughout California out of jail as quickly as possible. We also have flexible payment plans and financing options to accommodate our clients' financial needs and budgets. Call us at 714-515-5154 to obtain your bail bond.