An arrest can lead to a lengthy jail term, particularly if you are put behind bars awaiting trial and conviction. However, your stay in custody can be short if you post bail for a pre-trial release. You are entitled to a pretrial release under the law before the trial to allow you to reunite with family and prepare for trial. Pre-trial release also reduces overcrowding in the state and local detention facilities. Most people ask a common question: How is the bail amount determined? Law enforcement officers or judges can use California bail schedules to determine the applicable bail. You could also be wondering how bail schedules work. Bail schedules outline bail amounts by offense, whereby serious offenses attract higher bail amounts.
Overview Of California Bail Schedules
The police, prosecutors, and judges often use bail schedules to ascertain the amount of money you should pay to secure a pretrial release for your loved one. Bail schedules are guidelines, but the judge can adjust the amount outlined in the schedule based on the case facts.
Bail schedules are often predetermined based on the seriousness and nature of the offenses prohibited under the law. They outline bail amounts by offense, whereby there are different amounts for misdemeanors, infractions, and felonies. You require this information to prepare for the bail release of your loved one.
An experienced bail bondsman can help you understand how bail schedules work and how you can secure a pretrial release for your loved one if you have financial issues. A bail bondsman can help speed up the process, reducing the time your loved one will spend in custody.
There is often no certainty that your loved one is guilty of the alleged charges when the police arrest them for a crime. The law demands a fair trial and a conviction before sentencing. A fair trial is often lengthy because the police, prosecutor, and the defense team take time to prepare a case. Law enforcement must investigate the offense first and gather sufficient evidence. The evidence will help the prosecutor to build a strong case. An offender also requires sufficient time to plan a defense. There is a need for a pretrial release because the court process can take several days, weeks, or months. It would be unfair if the offender had to stay in jail before being determined guilty or innocent through a fair trial. The law allows the judge to grant a pretrial release to the offender. However, the judge can only do this if the offender promises he/she will attend the trial and all subsequent hearings regarding a case. This is why bail is vital for a pretrial release.
The bail amount must be enough to serve the actual purpose. If you post high bail to secure the release of your loved one, the court will refund it when the case ends. You will lose the amount if your loved one fails to attend court hearings or vacate bail release in any other way.
Judges do not have to decide the bail amount based on discretion whenever a person is arrested. They can use California bail schedules that outline bail amounts by offense. Simple misdemeanors often attract lower bail, while violent felonies attract higher bail. The judge will consider the offense’s seriousness when setting bail based on bail schedules. Bail schedules often provide predetermined amounts for different offenses. Different counties have their bail schedules, which courts in that region use to set the offenders’ bail.
With a bail schedule, you can know the amount you will post to secure the release of your loved one. The police, court clerks, and prosecutors can easily access the bail schedules. You can ask law enforcement how bail is set and what amount you must post when your loved one is arrested. However, the judge has the power to decide the final amount you will pay to secure the release of your loved one. The judge can deny your loved one bail, leave the figure as it appears on the bail schedule, or lower or increase it. The judge has discretion in setting an offender’s bail based on the offender’s community ties, criminal record, or case details.
Community Ties
Community ties mean your loved one’s connection to society. The ties are what keep your loved one within that particular society. This is vital when setting bail, as it determines your loved one’s ability to remain within society after a pretrial release. A defendant with weak ties to society can escape the jurisdiction after release. An escape can make it challenging for the court to hear and determine a case within the designated period. This can also give extra work to the court because the judge must issue a warrant for the defendant’s re-arrest.
Criminal Record
The judge will also consider your loved one’s criminal record when setting bail, apart from setting bail amounts by offense. A prior conviction on a defendant’s record for an offense like DUI can make the present charges graver. Your loved one can be released on their own recognizance if he/she is accused of simple misdemeanors like assault. An arrestee will face a higher bail if he/she has a history of assault. A defendant’s crime will be deemed severe if the offender has one or more prior convictions for the same or similar offense.
The court will consider a defendant’s criminal history when determining the bail amount during the initial arraignment. The judge can set a different amount even after reviewing the bail schedule. This will be based on the police findings after carrying out a background check on the defendant.
Severity Of The Offense
People commit different types of offenses; some offenses are more severe than others. Some individuals commit infractions, others misdemeanors, or felonies. The court will consider the seriousness of the offense to determine the amount of bail you will pay to secure a pretrial release of your loved one.
Bail schedules contain bail amounts by offense, mainly for offenses with a jail or prison sentence. Infractions do not need a bail because often no arrests are made. Bail is needed for misdemeanors and felonies to secure pretrial release for your loved one.
How Bail Schedules Work For Different Offenses
California bail schedules outline different bail amounts for different offenses. Below are a few examples:
Bail Amounts For Drug Offenses
Bail amounts for drug crimes in California differ significantly based on the type and severity of the crime, as well as the offender’s criminal record. For felony drug crimes, bail can be between $10,000 and $50,000, but it can be increased significantly based on specific facts and prior convictions. On the other hand, misdemeanor drug crimes attract lower bail amounts, often around $5000.
Bail Amount For Domestic Violence Offense
You will be asked to bail your loved one for a domestic violence offense, depending on the severity of the offense, prior criminal history, or other criminal offenses. Misdemeanor domestic violence bail can range from $5000 to $10,000. Felony domestic violence can attract bail of $50,000. There is no standard bail amount for domestic violence offenses. Bail is determined on a county-by-county and case-by-case basis.
Bail Amount For Burglary Offense
Bail amounts for burglary charges in California can range from $10,000 to $100,000. Burglary involving entering an inhabited dwelling is considered a first-degree burglary, and it attracts a higher bail of $100,000 or more. Second-degree burglary can attract a bail of $10,000. Violent felony burglary can also attract a higher bail and prison sentence. Your loved one will be required to serve 85% of the sentence before he/she is granted bail.
Bail Amount For A Rape Offense
The bail amount for rape crimes in California is around $100,000. However, each county in California has its own bail schedules. The law demands that bail bond companies charge a 10% premium on the bail amount. You will pay a premium of $10,000 if the bail schedule for rape is $100,000. The bail bondsman will put a lien on your house if you secure bail for your loved one using real estate as collateral.
DUI Bail Amounts
You can post bail for your loved one if he/she is arrested for driving under the influence. The amount for a first DUI offense is around $5,000, a second DUI is $15,000, and a third DUI offense is $25,000. The above figures are only charged for misdemeanor DUI offenses. Misdemeanor DUI causing bodily harm can be charged as follows:
- $20,000 for a first DUI causing bodily harm
- Second DUI causing bodily harm will attract $50,000
You can be asked to pay $100,000 bail if your loved one is charged with a felony DUI. In some situations, the court system can increase bail charges for a DUI. You could be requested to post $10,000 extra to bail payment if your loved one is accused of the following:
- Refusing to undergo chemical BAC testing ordered by the police
- Driving with a blood alcohol concentration of over 0.15%
- Causing a traffic collision when impaired by alcohol or drugs
The judge can increase the bail for your loved one to $25,000 if he/she is accused of any two of the above actions on the same DUI violation.
Bail Amounts For A Robbery Offense
Bail amounts for robbery crimes in California can range from $20,000 to $100,000 but can be increased for serious crimes. First-degree robbery can attract a bail of $100,000, while second-degree robbery can attract a bail of $50,000. However, certain factors can determine bail amounts for robbery crimes. This can include the offender’s prior criminal record, whether a weapon was used, and the severity of the robbery.
The Benefits Of California Bail Schedules
When the police arrest your loved one, it is helpful to consider his/her eligibility for bail to minimize the time spent in jail. Law enforcement will keep your loved one in custody after the booking until further communication from the judge. Your loved one can still end up in jail even after the initial arraignment if he/she does not qualify for bail or if you are unable to post the required amount.
A bail schedule provides the information you require to prepare for your loved one’s pretrial release. The bail schedule gives an estimated amount of money you are required to pay for the offense of your loved one. The court can lower or increase this amount during the initial hearing.
A bail schedule prepares you for what to expect at the initial hearing of your loved one. The court will increase the bail if your loved one enters a not-guilty plea after the charges are read. The not-guilty plea means your loved one will proceed to trial. The judge will decide what will happen to your loved one before the hearing. If your loved one qualifies for bail, the bail schedule will be reviewed, and the amount will be set based on the community ties, case details, and criminal record of your loved one. The judge can leave the bail as it is on the bail schedule, lower it, or increase it. Your loved one will know what to expect during the hearing if the bail for his/her charges is high on the bail schedule.
A bail schedule will also help your loved one prepare a defense. The defense often used at the time of hearing or actual trial may start as early as the time of the initial hearing. A good defense can persuade the judge to reduce the bail or release your loved one on their own recognizance.
Find a Reliable Bail Bondsman Near Me
Most people have limited knowledge of how bail schedules work. California bail schedules outline the applicable bail amounts by offense. When setting bail, the judge can rely on the bail schedules or set the bail figure based on discretion. The law allows the judge to set bail amounts at higher figures than those outlined in the bail schedules.
If your loved one is in custody and you require prompt assistance in seeking pre-trial release, contact Balboa Bail Bonds. All our bail bondsmen are experienced and understand how the bail bonds system works, including bail schedules. Call us today at 619-760-2222 to speak to one of our bail bondsmen.
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