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.
If you are denied bail, you will remain in custody until your matter is heard. Likewise, if you are granted but cannot post bail, you will remain in custody. An experienced defense attorney can help you thoroughly prepare for your bail hearing to give you the best chance of release.
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.
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.
Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.
The maximum stay depends on the court system. Typically you will be held until your trial, also called "pretrial detention." While you have the right to a "speedy" trial, the definition of this is up to the court and can vary. This means you might be kept in jail for anything from a few weeks to several years.
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Bail Setting The judge determines the amount of bail that must be posted for the defendant's release. The bail amount is influenced by various factors, including the severity of the charges, the defendant's criminal history, ties to the community, employment status, and the potential flight risk.
The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.