BY |
Bail bonds secure your freedom from custody so you can focus on preparing for your defense before your trial begins. You can meet with your lawyer and maintain work while handling personal obligations. A bail bond is a valuable financial solution for people who cannot pay full bail amounts. However, you should fulfill the court-mandated terms to remain out of custody. Learning about the bail process, especially the bail schedules, will help you better navigate the system and secure your freedom without unnecessary court delays. The information below will help you get started.
What is a Bail Schedule?
California bail schedules give judges a reference system to establish bail amounts for criminal offenses. This schedule presents a specific range of bail amounts by offense to maintain uniformity in court decisions. Each year, each county’s superior court judges update the bail schedule to match offense severity with corresponding bail amounts. The proposed bail amount appears first during bail computations, but judges can issue final amounts after considering other factors.
According to Penal Code 1275, judges have the discretion to adjust the bail amount. They do so after they consider the following:
-
The severity of the crime.
-
Your criminal history.
-
Whether you are a flight risk and
-
Other relevant factors.
California bail schedules offer standard recommendations for reference, but they remain non-binding.
Judicial discretion allows each case to be examined independently through unique circumstances, while bail scheduling guidelines direct the judges' decisions. The bail process in California has shifted its priorities to consider whether a defendant can afford or pay bail following the 2018 In re Humphrey court decision. Risk assessments help certain counties determine which defendants can secure a bail-free release, mainly when minor crimes occur.
Bail Amounts in California
The standard bail amounts in California are based on the crime and include the following:
-
DUI Offenses
California regulates DUI offenses through the primary provisions of Vehicle Code Section 23152. Bail amounts vary depending on whether the DUI offense is classified as a misdemeanor or felony. When facing your first DUI charge as a misdemeanor offender, you could be required to pay up to $5,000 as bail, plus additional court fees. This bail applies whether you are charged with a DUI for alcohol or drug-related violations.
The bail amount substantially rises to about $25,000 should you face your third or subsequent DUI offense.
The bail amount for felony DUI offenses causing injury or death, a violation of Penal Code 191.5(a), can rise to $100,000. The amounts are high because of the perceived public safety risks an offender poses should they be released.
-
Assault Offenses
The classification of assault crimes depends on the type of offense along with its misdemeanor or felony status. The bail for simple assault under Penal Code Section 240 amounts to $500 unless a county has specified otherwise. Simple assault is a misdemeanor.
On the other hand, the use of deadly weapons in assault cases increases bail amounts significantly because these offenses are felonies. Assault with a deadly weapon is a violation of Penal Code Section 245. The felony assault bail amount is usually set at $25,000.
The bail amount increases to $50,000 or more in assault cases, which will likely result in significant bodily injuries. The bail amount will depend on the severity of the injury and other circumstances.
-
Domestic Violence Offenses
All domestic violence offenses, which include battery against a spouse or cohabitant, are considered grave offenses under California laws. Under Penal Code Section 243(e)(1), bail for misdemeanor battery offenses typically amounts to $20,000 because the state considers protecting victims very important. The bail amount becomes significantly higher when domestic violence offenses become felonies, which include the use of weapons or if the violence results in severe injuries.
Bail set for domestic violence cases starts at $20,000, but judges can modify this amount after considering your criminal record and victim safety risks.
-
Drug Offenses
Bail amounts are scaled accordingly depending on the severity of the drug offense. Minor possession cases have lower bail amounts than serious trafficking offenses. For example, misdemeanor possession of a controlled substance, including heroin or cocaine, and drug offenses. The bail amount for possession for sale charges can start at $30,000 when dealing with small quantities below one kilogram but can reach up to $5,000,000 when the offense involves the trafficking of more than 80 kilograms.
-
Rape Offenses
Rape is a serious felony according to Penal Code Section 261, so standard bail amounts are high. A typical bail amount for rape stands at $100,000, but it may increase significantly when the victim is young. The bail rises to $200,000 if the victim is under 18 years old and reaches $250,000 when the victim is younger than 14.
The bail scales increase because of statutory enhancements that address the crime’s severity and the vulnerability of young victims. Judges can raise the bail further if there are multiple victims involved in the case or if you are accused of using extreme violence.
-
Hit-and-Run Offenses
The bail for a misdemeanor hit-and-run offense under Vehicle Code Section 20002, which involves property damage, generally amounts to $300. The bail amount for a felony hit-and-run offense under Vehicle Code Section 20001 amounts to $25,000, especially when the accident results in injury or death.
The bail amount depends on how seriously the victims were impacted during the incident, along with their anticipated long-term recovery needs. Judges will increase bail sums when victims have serious injuries or when the defendant committed previous crimes with similar characteristics.
-
Extortion and Grand Theft Offenses
Extortion occurs when someone obtains property or services by threatening someone. This is a violation of Penal Code Section 518. The bail amount for felony extortion stands at $25,000 because of the potential victim harm and severe legal repercussions. Under Penal Code Section 487(a), grand theft is classified as a felony offense. The bail amount for this offense depends on the value of the stolen property.
Property theft above $950 requires a minimum bail amount of $20,000. Bail amounts increase to $45,000 when the stolen items have a value exceeding $50,000 and reach $120,000 when theft exceeds $1,000,000.
-
Firearm Enhancements
When you use a firearm to commit a felony, the court will impose higher bail charges. A simple firearm offense attracts a bail sum of $50,000. However, using a firearm to inflict severe bodily injury or death results in a bail amount of $1,000,000.
-
Resisting an Officer
Resisting an officer, which ranges from a minor scuffle to a violent confrontation, leads to varying bail amounts. The bail for misdemeanor resistance is $500, but felony resistance involving violence against officers requires $25,000.
Find a Bail Bondsman Near Me
Knowing your bail amount and how bail is set in California allows you to plan. Working with an experienced bail bondsman makes the process more efficient while giving you a better understanding of what lies ahead. A professional bail bondsman will handle the details, helping you fill out the paperwork and choose suitable payment options through their expertise.
You can reach the 24 Hours Bail Bonds team for quick, dependable bail bond services any time of day and night, including weekends. Your swift and efficient release is our team’s priority so you can concentrate on what matters most. Contact us at 800-930-8999 immediately for the help you require.