BAIL SCHEDULES – CALIFORNIA PENAL CODE SECTION 1269B(C)

The judges in each county in California are required by law to meet annually to set the bail schedule for their county.  (California Penal Code section 1269b(c))  The bail schedule sets the amount of bail for each crime.  (California Penal Code section 1269b(f))

When a person is arrested and law enforcement did not have an arrest warrant, the person’s bail must be set at the amount on the bail schedule.  (California Penal Code section 1269b(b))  In certain cases, however, the arresting agency can request a higher bail amount, called a bail deviation.  (California Penal Code section 1269c)  The accused also has the right to request a bail reduction prior to her first court appearance, which is why it is important to retain an attorney as soon as possible to ensure that your rights are duly exercised.

When a person is accused of multiple crimes, some counties stack bail, meaning they add the scheduled bail amounts for each crime the person is accused of, and the person must post the sum of the scheduled amounts.  Other counties only require the accused to post the highest scheduled bail amount of the crimes he has been accused.  Consult an attorney to determine whether and how your county stacks bail.

If the accused is not released from custody prior to his first court hearing (called the arraignment), the court can in most cases consider setting bail in an amount greater or lower than the bail schedule amount at the arraignment.  (California Penal Code section 1269b(b))  However, in certain serious criminal cases, the judge cannot change the bail amount at the arraignment if either the prosecution or the accused demands a two day continuance.  (California Penal Code section 1270.1)  If a demand is made, the court will continue the hearing and the bail will remain at the scheduled amount until a bail hearing occurs two days later.

An experienced Southern California defense attorney can save you money by arguing for a reduction in the scheduled bail amount.  If the court agrees to the bail reduction, any bail bond premium will likewise be reduced because the premium is calculated based on a percentage of the bail amount.  Bail will also be reduced if the attorney persuades the prosecutor to dismiss some of the charges in a county that stacks bail.

If you or someone you know has been arrested, you will need an experienced attorney who will aggressively represent you at all phases of the criminal proceeding, from the time of your arrest until trial.  At Wallin & Klarich, we have helped people accused of crimes for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.