How Is Bail Amount Set
Bail amount is generally predetermined by the Uniform Bail Schedule of each county where the alleged crime was committed. Each year or so, a panel of judges from around the county come together in order to discuss and adopt a countywide bail schedule which sets the bail amounts for each specific crime. They take into consideration a number of factors that are specific to that areas needs and jurisdiction. This is why each county has different bail amounts for the same type of crime.
It is the intent of the Uniform Fine/Bail Schedule to provide assistance to the judge in determining the appropriate bail to be assessed in a particular case and to minimize disparity of bails imposed by different courts for similar offenses. However, as you will see, there are a number of factors which allow for the deviation from these guidelines. First, according to the 8th Amendment of the US Constitution, bail shall not be punitive. This means that bail shall not be set so high as to be a punishment in itself. The purpose of bail is simply to secure the appearance of the defendant. This may mean that bail could be reduced for an indigent and raised for someone with excessive wealth.
The prime concern in setting, reducing, or denying bail is “public safety.” Other less important considerations are the seriousness of the offense, prior criminal record and the probability that the defendant will show up for subsequent hearings. Unlike federal law, California state law does not usually authorize preventive detention, that is, setting no bail at all. Thus, judges must usually set bail at an amount that both permits the release of the defendant and ensures public safety.
Additionally, if public safety is an issue, the court may make an inquiry where it may consider allegations of injury to the victim, threats to the victim or a witness, the use of a deadly weapon, and the defendant's use or possession of controlled substances. A judge or magistrate setting bail in other than a scheduled or usual amount must state on the record the reasons and address the issue of threats made against a victim or a witness. The court must also consider evidence offered by the detained person regarding ties to the community and ability to post bond.
Below is the current uniform bail schedule in use in Orange County California. If you have a friend or loved one in need of a bail bond, please contact us immediately. We have agents available to meet with you 24 hours a day, in our office, your home, or a convenient location to you. We can also assist you or your criminal defense lawyer in preperation for a bail reduction hearing. Please call us today:
Toll Free: 888-SOS-BAIL or 888-767-2245
2008 UNIFORM BAIL SCHEDULE
(Felony and Misdemeanor)
SUPERIOR COURT OF
CALIFORNIA
COUNTY OF ORANGE
2008 FELONY BAIL SCHEDULE
A. The Felony Bail Schedule shall be applicable throughout Orange County and is applicable to all arrests without a warrant for bailable felony offenses.
B. Persons not entitled to be released on bail are those charged with:
- Capital crimes (i.e. murder with special circumstance), when the facts are evident or the presumption great. Penal Code section 1270.5 & California Constitution, Article 1, Section 12(a).
- Felony offenses involving act of violence on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person=s release would result in great bodily harm to others; or
- Felony offenses when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. California Constitution, Article 1, Section 12(c).
C. Bail for offenses involving larceny under the Penal Code, as listed in this schedule (e.g.
P.C. 487, 496, 504, etc.), is the scheduled amount or the amount of [loss], whichever is higher. This policy is also to apply to fraud type offenses of other Codes (e.g. Insurance Code, Revenue and Taxation Code, etc) for which no presumptive bail is specified in this schedule, at the presumptive bail for top term potential, below, or the amount of loss, whichever is higher.
D. For all offenses and enhancements for which no presumptive bail is specified in this schedule, the presumptive bail shall be set according to state prison top term potential for the offense plus enhancement:
Top term 3 years 20,000 Top term 4 years 25,000 Top term 5 years 30,000 Top term 6 years 35,000 Top term 7 years 40,000 Top term 8 years 45,000 Top term 9 years 50,000 Top term 10 years 55,000 Top term 11 years 65,000 Top term 12 years 70,000 Top term 13 years 75,000 Top term 14 years 80,000 Top term 15 years 90,000 Top term 16 years 100,000 All life sentences 1,000,000
E. Penal Code section 1270.1 prohibits the release of an arrestee on bail in an amount OTHER THAN THAT SET FORTH ON THE BAIL SCHEDULE prior to a hearing in open court for:
- Violent felonies as described in Penal Code section 667.5(c), but not 460(a);
- Serious felonies as described in Penal Code section 1192.7(c) (including those listed in Penal Code section 1192.8); and
- Violations of Penal Code sections 136.1(c), 243(e)(1), 262, 273.5, 273.6, 422 (as a felony), and 646.9.
F. Bail Limit for Multiple Offenses - A bail limit for a case with multiple charges will be established as follows:
- Felony only. The highest bail amount for any one felony offense, plus enhancement, will apply.
- Felony with misdemeanor or infraction violations. The highest bail amount for any one felony offense, plus enhancement, will apply. Misdemeanor and infraction bails will not be considered.
G. Holds for Out-of-County Charges - The Felony Bail Schedule will apply to holds placed for out-of-county charges when no amount has been previously established or shown on a warrant.
H. Violation of Probation -
- Arrest without a warrant shall have NO BAIL if violation is for FELONY PROBATION.
- BAIL will be set at $15,000.00 if violation is a MISDEMEANOR PROBATION.
I. All references to a code section shall include all subsections thereof unless a specific bail is set forth for a particular subsection.
J. Revisions/Additions to the Felony Bail Schedule The following procedure is established to make interim changes to the bail schedule without a formal meeting of the bail committee:
- The staff will present to the chairperson of the Uniform Bail Procedures Committee all proposed interim changes to the approved bail schedule.
- When the changes have been approved, a revised page for the bail schedule will distributed to all agencies holding authorized copies.
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE FELONY BAIL SCHEDULE
PENAL CODE
| PENAL CODE SECTION | OFFENSE | BAIL |
| pc 114 | Using false documents to conceal true citizenship | 50,000 |
| pc 182 | Conspiracy | Same as substantive offense |
| pc 187 | Murder - with special circumstance | No bail |
| All other murders | 1,000,000 | |
| pc 191.5 | Vehicular homicide (DUI with gross negligence) | 100,000 |
| pc 192(a) | Manslaughter - voluntary | 100,000 |
| pc 192(b) | Manslaughter - involuntary | 25,000 |
| pc 192(c) | Manslaughter - driving vehicle with gross negligence | 100,000 |
| pc 192(c)(3) | Vehicular homicide (DUI without gross negligence) | 100,000 |
| pc 192(c)(4) | Vehicular homicide (accident caused for financial gain) | 100,000 |
| pc 203 | Mayhem | 100,000 |
| pc 205 | Aggravated mayhem (life) | 1,000,000 |
| pc 207 | Kidnapping | 100,000 |
| pc 207(b) | Kidnapping victim under 14 | 500,000 |
| pc 209(a) | Kidnapping for ransom or extortion (life) | 1,000,000 |
| pc 209(b) | Kidnapping for robbery (life) | 1,000,000 |
| pc 209.5 | Kidnapping during a carjacking (life) | 1,000,000 |
| pc 210.5 | False imprisonment - kidnap to evade arrest | 1,000,000 |
| pc 211 | Robbery | |
| pc 212.5(a)(b) | First Degree | 100,000 |
| pc 212.5(c) | Second Degree | 50,000 |
| pc 215 | Carjacking | 100,000 |
| pc 219 | Train wrecking (life) | 1,000,000 |
| pc 220 | Assault with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Penal Code section 264.1, 288 or 289 | Same as substantive offense |
| PENAL CODE SECTION | OFFENSE | BAIL |
| pc 237(b) | False imprisonment - elder or dependent person | 50,000 |
| pc 243 | Battery | |
| pc 243(c) upon peace officer, etc. with injury | 20,000 | |
| pc 243(d) with serious bodily injury | 25,000 | |
| pc 243.4 | Sexual battery | 25,000 |
| pc 245(a)(1) | Assault with deadly weapon or force likely to produce G.B.I | 25,000 |
| pc 245(a)(2) | Assault with a firearm | 50,000 |
| pc 245(c) | Assault with deadly weapon other than a firearm or force likely to produce G. B.I. upon a peace officer or firefighter | 50,000 |
| pc 245(d)(1) | Assault with a firearm upon a peace officer or firefighter | 100,000 |
| pc 245(d)(2) | Assault with a semiautomatic upon a peace officer or firefighter | 100,000 |
| pc 246 | Shooting at inhabited dwelling, building, occupied motor vehicle | 250,000 |
| pc 246.3 | Discharge of firearm - gross negligence | 25,000 |
| pc 261 | Rape | 100,000 |
| pc 261.5(c) | Unlawful sexual intercourse with person under 18 | 20,000 |
| pc 262 | Spousal rape | 100,000 |
| pc 264.1 | Rape in concert with force & violence | 100,000 |
| pc 266h | Pimping | 35,000 |
| pc 266i | Pandering | 35,000 |
| pc 273a(a) | Willful harm or injury to child likely to produce G.B.I. | 100,000 |
| pc 273d(a) | Corporal punishment or injury of child | 50,000 |
| pc 273.5 | Corporal injury of spouse, cohabitant former spouse or cohabitant or mother or father of his or her child | 50,000 |
| With prior conviction under 273.5(e) | 100,000 | |
| pc 278 | Child stealing | 25,000 |
| pc 286 | Sodomy | |
| pc 286(b)(1) | If victim under 18 | 50,000 |
| pc 286(b)(2) | If victim under 16 and defendant over 21 | 50,000 |
| pc 286(c) | If victim under 14 and defendant more than 10 years older than victim or defendant compelled another by force, duress or threats of great bodily injury | 100,000 |
| pc 286(d) | If in concert with force and violence | 100,000 |
| PENAL CODE SECTION | OFFENSE | BAIL |
| pc 286(e) | If committed in state prison or jail | 50,000 |
| pc 286(f) & (g) | If victim unconscious or nature of act/incapable of consent | 100,000 |
| pc 288(a) | Lewd act with child under 14 years | 100,000 |
| pc 288(b)(1) & (2) | Lewd act with child under 14 years with force | 100,000 |
| pc 288a | Oral copulation | |
| pc 288a(b)(1) | If victim under 18 | 50,000 |
| pc 288a(b)(2) | If victim under 16 and defendant over 21 | 50,000 |
| pc 288a(c) | If victim under 14 and defendant more than 10 years older than victim or defendant compelled another to participate by force, duress or threats of G.B.I. | 100,000 |
| pc 288a(d) | If in concert with force and violence | 100,000 |
| pc 288a(e) | If committed in state prison or jail | 50,000 |
| pc 288a(f) & (g) | If victim unconscious of nature of act/incapable of consent | 100,000 |
| pc 289 | Penetration by foreign object | 100,000 |
| pc 314.1 | Indecent exposure | 20,000 |
| pc 368(b)(1) | Elder abuse | 50,000 |
| pc 422 | Criminal threats | 50,000 |
| pc 451(a) | Arson causing G.B.I. | 100,000 |
| pc 451(b) | Arson, inhabited structure | 250,000 |
| pc 451(c) | Arson, structure or forest land | 50,000 |
| pc 452(a) | Recklessly causing fire with G.B.I. | 50,000 |
| pc 454 | Arson during state of emergency | 150,000 |
| pc 459 | Burglary | |
| Residential | 50,000 | |
| pc 464 | Burglary with explosives | 50,000 |
| pc 487 | Grand theft | 20,000 |
| Or amount of theft, whichever is higher | ||
| pc 496 | Receiving stolen property if value more than $400 | 20,000 |
| Or amount received, whichever is higher | ||
| pc 497 | Stolen property, bringing into state | 20,000 |
| Or amount stolen, whichever is higher |
| PENAL CODE SECTION | OFFENSE | BAIL |
| pc 502 | Computer related crimes | 20,000 |
| Or amount stolen, whichever is higher | ||
| pc 504, 504a, 504b, 505, 506, 514 | Embezzlement | 20,000 |
| Or amount stolen, whichever is higher | ||
| pc 518, 519, 522, 523 | Extortion | 20,000 |
| pc 548 | Defrauding insurer | 30,000 |
| Or amount taken, whichever is greater | ||
| pc 646.9(a) | Stalking | 20,000 |
| pc 646.9(b) | Stalking / with temporary restraining order | 100,000 |
| pc 646.9(c) | Stalking / with designated prior | 150,000 |
| pc 647.6 | Child molestation with specified prior | 100,000 |
| pc 653f(b) | Solicit murder | 1,000,000 |
| pc 653f(c) | Solicit rape, etc. | 100,000 |
| pc 664(a) | Attempt where completed crime punishable by state prison except for attempted murder | Same as substantive offense |
| pc 664/187 | Attempted murder | 500,000 |
| Willful & premeditated | 1,000,000 | |
| pc 666 | Petty theft with prior conviction for petty theft on which time was served | 20,000 |
| pc 1551.1 | Fugitive (arrest without warrant) | 50,00 |
| pc 1552.1 | Fugitive (see code) | No Bail |
| pc 4530 | Escape, attempted escape from prison with or without force or violence | 50,000 |
| pc 4532(a) | Escape, attempted escape by misdemeanant, inebriate, or person on work furlough from jail, industrial farm, etc. | 50,000 |
| plus bail amount on original charge | ||
| pc 4532(b) | Escape, attempted escape by felon from jail, industrial farm, etc. | |
| (Convicted) | No bail | |
| (Not convicted) | 100,000 | |
| plus bail amount on original charge |
| PENAL CODE SECTION | OFFENSE | BAIL |
| pc 4573 | Bringing controlled substance into jail | 25,000 |
| pc 4574 | Smuggling weapon into jail or prison | 50,000 |
| pc 11418 (except (b)(1) | Possession, etc. weapons of mass destruction | 500,000 |
| pc 11418(b)(1) | Employ weapon of mass destruction-cause of death (life) | 1,000,000 |
| pc 11419 | Weapons of mass destruction and biological agents | 500,000 |
| pc 12020 | Dangerous weapons, manufacture, sale, possession; carrying explosive or concealed dirk or dagger | 20,000 |
| pc 12021 | Concealable firearms, ownership or possession by felon, addict | 20,000 |
| pc 12025(b)(1) | Concealed weapon on person or in vehicle without license with prior felony conviction or prior violation of deadly weapons act | 20,000 |
| pc 12025(b)(5) | Concealed weapon on person with prior conviction of crimes against person, property, or involving drugs | 20,000 |
| pc 12031 | Possession of a loaded firearm | 20,000 |
| pc 12034(c) | Personally shooting from motor vehicle | 250,000 |
| pc 12303.1 | Carrying or placing explosive on common carrier | 500,000 |
| pc12303.2 | Possession of destructive devices or explosives in public places | 500,000 |
| PENAL CODE SECTION | OFFENSE | BAIL |
|---|---|---|
| pc 12303.3 | Possession of exploding or destructive device or explosive with intent to injure | 1,000,000 |
| pc 12308 | Exploding destructive device or explosive with intent to murder (life) | 1,000,000 |
| pc 12309 | Unlawful explosion causing bodily injury | 500,000 |
| pc 12312 | Possession of materials with intent to make destructive device or explosive | 150,000 |
| pc 12370 | Felon with body armor | 50,000 |
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE FELONY BAIL SCHEDULE
VEHICLE CODE
| VEHICLE CODE SECTION | OFFENSE | BAIL |
|---|---|---|
| vc 2800.2 | Attempting to evade peace officer while driving recklessly | 25,000 |
| vc 2800.3 | Willful flight causing GBI./death | 100,000 |
| vc 10801 | Owning or operating a chop shop | 50,000 |
| vc 10851(a) | Driving car without consent | 20,000 |
| vc 10851(b),(e) | Driving car without consent Specified vehicles, 666.5 prior | 25,000 |
| vc 20001 | Hit and run: personal injury / death | 50,000 |
| vc 23152 | Driving under the influence of alcohol or drugs If a felony per Vehicle Code 23550 or 23550.5 | 50,000 |
| vc 23153 | Driving under the influence of alcohol or drugs: bodily injury | 100,000 |
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE FELONY BAIL SCHEDULE
HEALTH AND SAFETY CODE
| HEALTH & SAFETY CODE SECTION | OFFENSE | BAIL |