The bail amount is usually determined at the person's first court appearance, commonly referred as the arraignment stage. A judge has the option to either release a person on their own recognizance (OR) with a promise to appear at their next court appearance, or deny a person's OR and set bail.
A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.
Bail Assessment – The judge assesses various factors to determine an appropriate bail amount or whether the defendant should be released on their own recognizance. Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation.
For misdemeanor simple assault, the average bail amount is $5,000 – $10,000. First-time simple assault offenses may sometimes qualify for release on recognizance or bail under $5,000.
Average Bail for Felony Hit and Run (VC 20001) Felony hit and run is a serious crime in the California Penal Code and on the bail schedule, with the initial bail set at $20,000 to $50,000 for felony hit and run. In many counties, like Los Angeles County, the bail is as high as $50,000.
Setting bail in California requires judges to release defendants before trial on affordable bail or with nonfinancial conditions of release unless the judge concludes, based on clear and convincing evidence, that these alternatives will not reasonably protect the public and the victim, or reasonably assure the ...
In California, each county creates a bail schedule that provides baseline amounts for crimes based on severity. For instance, Riverside County's bail schedule prescribes $3,500 bail for a standard first-offense misdemeanor DUI.
For any felony offense for which no presumptive bail is set forth, bail is fixed at $10,000. For any misdemeanor offense for which no presumptive bail is set forth, bail is fixed at zero.