Although the California bail system is critical to the judicial system, it is difficult to understand. Through the system, defendants can be released from jail pending the determination of their case. However, the bail system does not favor all defendants. Some defendants are ineligible for bail, while others cannot afford the money needed to guarantee their court appearances. Bail bonds help many individuals and families post bail despite their financial difficulties. At Balboa Bail Bonds, we charge for our services based on the bail amount.
Common Misdemeanor Bail Ranges
Bail in California is generally set based on the nature of the offense. Crimes are mainly categorized into infractions, felonies, and misdemeanors. Since infractions only result in fines, not an arrest and jail time, they do not have a bail amount assigned to them in a bail schedule. However, there is bail for felonies and misdemeanors.
Misdemeanors are more lenient than felonies. This means that the bail for a misdemeanor will be lower than that for a felony. Additionally, some misdemeanors are more serious than others. This means that the bail for serious misdemeanors will be higher than bail for simple misdemeanors.
When setting bail for misdemeanors, judges consider the severity of your crime, your criminal history, and flight risk. That is why you can be freed on personal recognizance if you face a simple misdemeanor charge and do not have a serious criminal history. Bail for a standard misdemeanor ranges from $250 to $3,000, while bail for wobbler misdemeanors ranges from $750 to $7500. The amount for misdemeanor DUI ranges from $2,500 to $5,000.
Remember that in addition to considering the nature of your crime, the judge will also consider your safety risk, flight risk, and criminal history when determining bail. They will consider the bail amounts in the available bail schedule and adjust according to the circumstances of your case.
Felony Bail Examples
Bail for common felonies is also predetermined and listed in a bail schedule. Judges consider the bail schedule when setting a defendant’s bail. They also consider other factors, like your criminal history, safety risk, and flight risk, to set the final amount.
However, felonies have a higher bail than misdemeanors because they are more serious crimes. Also, California courts do not allow pretrial release for defendants facing serious or violent felony charges. The exact nature of your crime, the presence of aggravating factors, and your criminal history will determine the amount the judge will set for your bail if you face felony charges.
Generally, felonies are categorized as low-term or mid- to high-term in California. Low-term felonies are those whose penalties do not exceed a 3-year prison sentence. Bail for these felonies ranges from $10,000 to $20,000. High-term felonies are those with penalties that include a 16-year or longer prison sentence. Although some of these felonies do not qualify for bail, those that do have their bail set at $500,000 or more.
There is usually no bail set for felonies that are punishable by life sentences. If the judge grants you bail for such a felony, the amount could go up to $1,000,000.
Remember that judges can adjust the bail amounts as they appear on the available bail schedule, according to the specific circumstances of a case and a suspect’s criminal record. For example, they can increase your bail amount if you cause another person to suffer great bodily injury. You are a part of a criminal gang, or you use a dangerous weapon like a firearm to commit the felony.
County-by-County Differences
In California, bail amounts vary significantly from one county to the other. This is because each county’s Superior Court sets its own bail schedule, which courts within the county use to set bail amounts. Every county uses local crime policies and judicial discretion to presume bail for common misdemeanors and felonies. While the amounts may differ from one county to the other, felonies have a higher bail than misdemeanors in all counties.
In all counties, bail amounts range from $0 to $2,000,000, based on the nature of the offense, a defendant’s criminal history, and their flight risk and safety risk. A first-time offender facing simple misdemeanor charges can be freed on their own recognizance in any county in California. Defendants facing serious violent-related felonies can be denied bail in most counties within the state.
Why Bail Amounts Vary
Bail amounts vary for several reasons. The main reason is that some offenses are more serious than others. For example, a simple or lenient misdemeanor is less serious than a serious or aggravated misdemeanor or a felony. A judge will set a higher bail for a more serious crime than for a simple crime.
Bail amounts are also determined by a suspected offender’s criminal history. First-time offenders will likely be treated more leniently than habitual offenders. If your criminal history is serious, the judge can increase your bail or deny it altogether.
Courts also set bail according to a suspect’s flight risk. This is determined by your willingness to stay within the court’s jurisdiction for the period of the trial. If you are likely to flee after a pretrial release, the court can increase your bail or deny it altogether.
Also, courts set bail based on a defendant’s risk to public safety. This is determined by whether you are a safety threat to your family or community. If you threaten the safety of your community, the judge will deny you bail or set it high.
Find Trustworthy Bail Bonds Near Me
If you are eligible for bail after an arrest in California and cannot afford the amount, you can partner with a trustworthy bail bondsman. They will ensure that the required amount is paid on time for you to reunite with your family and return to work. At Balboa Bail Bonds, we charge only a small fraction of your bail to help you obtain a pre-trial release. We also process your bail and ensure that your release happens sooner rather than later. Contact our office at 619-760-2222 for more information about our misdemeanor and felony bail bonds.