What Do You Need To Know About Bail In California?

 Most defendants in California jails await trial and will be released if they pay a sum referred to as bail. If a defendant's alleged offense is bondable, a bail bond can be used, which involves only a small percentage of a defendant's full bail.

Having a criminal defense lawyer in California with extensive experience handling the types of charges your family member, spouse, girlfriend, or boyfriend is facing is vital if they have been arrested and incarcerated.


In California Criminal Cases, Who Can Be Released On Bail?

Bail is the amount of money that is required to release someone from jail. A bail bond can be posted by a bail bondsman or by paying the full amount of bail. Also, it is imperative to keep in mind that bail schedules can vary from county to county.


In determining a defendant's bail amount, what factors are taken into account?

The judge or magistrate weighs the following factors when setting, lowering, or denying bail for the defendant in California criminal courts. Cal. Penal Code * 1275 provides the following variables when setting, lowering, or denying bail:

  • The most important determining factor is whether or not releasing the defendant would endanger the community. As Cal. Penal Code * 1275(a)(1) states, "Public safety must take precedence over all other considerations.

  • There is a likelihood that the defendant will flee the county, state, or country and evade law enforcement to avoid future court proceedings. A flight risk is a person likely to flee to escape law enforcement.

  • A description of the nature and severity of the offense. 

  • As a general rule, violent, dangerous, and large-scale felonies are subject to a higher bail amount than misdemeanors. The penal code instructs judges to consider a few specific variables in evaluating an alleged crime's seriousness, including:

    • There has been an alleged threat made by the defendant against the victim or witnesses.

    • Guns or other deadly weapons were used in the alleged offense.

    • Narcotics were alleged to have been used or possessed by the defendant.


According to criminal defense lawyer California, Defendants with prior criminal records can create legal obstacles if they are found to have skipped bail and failed to appear in court. If this is the case, they can be charged with "bail jumping" or "skipping bail.

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