Determining the Bail Amount in Georgia A bail hearing usually – but not always – occurs within 48 hours of a defendant being charged. When deciding bail, a judge will consider factors like: The seriousness and circumstances of the allegations. The defendant's criminal history and risk of reoffending.
California's statewide Penal Code also provides minimum bail amounts for certain crimes. If a county hasn't adopted a schedule, the statewide figures apply. For misdemeanor assault, for example, the Code mandates $10,000 minimum bail.
The court (judge or justice of the peace) decides, based on the evidence and submissions of the parties, whether to detain or release the accused, with or without conditions.