When you are arrested for domestic violence, it may feel as though there is no hope for you to get out of prison, whether or not you are guilty. Violent crimes, especially domestic violence, is taken very seriously by our courts as well as by the police. They may be cautious in allowing you out of jail. Afterall, if you are guilty, then setting you free could put others at risk.
So, the question remains, will a California court grant you bail?
Well, it depends on many factors, but most likely, yes.
Important Factors At Play
When you are given a hearing with the judge in order to set you bail, which should happen within 24-48 hours of your arrest, the judge will be taking many factors into consideration. These include:
- Whether you are a flight risk
- The severity of the alleged crime
- Your criminal record
If you are a flight risk, as in the court thinks it is likely that you will leave the town, county, state, or country in order to avoid conviction, then your bail will likely be set very high, in hopes that you will either not be able to pay it or will be forced to show up to all court proceedings to keep the bail from becoming forfeit.
If your criminal record shows that you are a repeat offender, you may not be granted bail at all, as the judge may assume that you must be guilty of your current charges as well. This is especially true if you have a history as a violent offender, as the judge will have a vested interest in protecting any innocent people you may hurt while out on bail.
The severity of the alleged crime could mean you are not required to post bail at all in order to leave the jail, your bail will be set incredibly high, or you will not be granted bail at all. When it comes to domestic violence charges, the second option is the most likely.
How High Will Your Bail Be?
In California, domestic violence can be either a misdemeanor or a felony. What you will be charged with depends on many factors, such as the level of harm allegedly caused, whether a firearm was used, and if the alleged victim was a child or an intimate partner. However, with both misdemeanor and felony charges, bail is still likely to be granted, although the bail for a felony charge may be much higher.
California courts use a bail schedule to determine how high or low a bail should be set at. The bail schedule is basically a guideline for judges to use. It recommends different bails for different offenses. Your judge will most likely use the schedule to determine how high your bail is.
- For misdemeanor charges, bail is usually set at $10,000
- For felony charges, bail is usually set at $25,000 – $50,000
These amounts may be adjusted if you have been accused of other crimes as well. For example, if you are charged with both domestic violence and sexual battery, it is likely that your bail will exceed the suggested $50,000 limit.
Bail for domestic violence charges, especially if it is a felony offense, can seem impossible to pay. Very few of us have $50,000 sitting in our bank accounts. However, when you work with an agent from Balboa Bail Bonds, you only have to pay a 10% premium. Meaning, that $50,000 can shrink all the way down to $5,000. On top of that, we offer flexible payment plans that can work with your financial situation. If you or a loved one have been arrested for domestic violence, contact a San Diego bail bond agent today at (619) 760-2222 and find out how we can help you.