How Bail Amount Is Set PDF Print E-mail

In California, each county must estabilsh a uniform countywide bail schedule pursuant to Penal Code §1269b. This bail schedule sets the presumptive bail amount which is applicable to warrantless arrestees until such time as a judge reviews the issue. When an arrest occurs pursuant to a warrant and the suspect is only booked on the warrant, bail shall be set in the amount of the warrant, unless otherwise ordered by a judge.

 

Following are a few rules which the Detention Release Officer uses as guidance when setting the amount of the bail bond:

1.
  		 Check felony bail schedule first. Some offenses listed on the misdemeanor schedule have subdivisions which are felonies. The felony schedule applies to arrests under a felony subdivision. Example: Penal Code §273.6(d) is a felony listed on the felony bail schedule ($20,000); all other subdivisions of Penal Code §273.6 fall under that listing on the misdemeanor schedule ($10,000).
2.
  		 Bail amount for unlisted offenses:
· Felonies – $20,000
· Misdemeanors*– $ one-half the felony bail
*NOTE: Penal Code §17(b) provides that the District Attorney or court can declare “wobbler” offenses to be misdemeanors. At the booking stage, the Felony Bail Schedule applies to all wobbler offenses.
3.
  		 Bail amount when suspect booked for violation of probation:
·  Felony probations – No Bail
·  Misdemeanor probations – $15,000
4. Crimes committed while on bail, OR, and stays of jail time:
Double standard bail for new offense, whether felony or misdemeanor.
5.
  		 Special rule for serious and violent felonies, stalking, and misdemeanor domestic violence: For any offense listed in Penal Code §1270.1(a), release before arraignment on bail either more or less than the bail schedule amount is forbidden.
6.

Special rule for domestic violence with similar priors: Double standard bail for felony or misdemeanor domestic violence (Penal Code §§243(e), 245 if domestic, 262, 273.5, 273.6, 273.65, 422) where there is reasonable cause to believe arrestee has a prior conviction for an offense on the Domestic Violence Enhancement List, except that the $100,000 bail for felony stalking would not be doubled by such a prior.

 

If you have questions about how much bail will be or should be, or you think the bail amount was set incorrectly, please call us. We will be happy to review the information with you and assist you in any potential bail reduction hearings.  Our agents are available anytime toll free.  

888-SOS-BAIL or 888-767-2245