That moment when handcuffs click shut can feel like your whole world is falling apart. Whether it’s you or a loved one facing arrest, one of the first questions that comes to mind is: “Can I get out on bail?” and “How much will bail cost?”
Let’s break down everything you need to know about bail in California, including how bail amounts are set and what options you have for securing release.
Can You Get Out on Bail in California?
In most cases, yes – you can get out on bail in California. However, there are several factors that determine:
- Whether bail will be granted
- How much bail will be set at
- What conditions may be attached to your release
How Bail Amounts Are Set in California
Bail amounts in California aren’t arbitrary. Each county has what’s called a “bail schedule” – a predetermined list of bail amounts based on the specific charges. However, judges have discretion to:
- Raise bail above the scheduled amount
- Lower bail below the scheduled amount
- Release you on your own recognizance (no bail required)
- Deny bail completely in certain serious cases
Factors That Influence Your Bail Amount
Several factors can affect whether you’ll be granted bail and how much it will cost:
- Nature and Severity of the Charges
More serious charges typically mean higher bail amounts. For example:- Misdemeanors often have lower bail amounts or may qualify for cite and release
- Non-violent felonies typically have moderate bail amounts
- Violent felonies or serious crimes often have high bail amounts
Some charges, particularly those involving serious violence or flight risk, may result in no bail being granted.
- Criminal History
Your previous record matters:- First-time offenders may receive lower bail amounts
- Multiple prior convictions could result in higher bail
- Prior failures to appear in court can significantly increase bail
- Being on probation or parole may affect bail eligibility
- Community Ties
Strong community connections can help:- Long-term local residence
- Family in the area
- Steady employment
- Property ownership
- Community involvement
- Flight Risk Assessment
The court evaluates how likely you are to return for court appearances:- Connections to other countries
- Access to significant financial resources
- History of missing court dates
- Severity of potential penalties if convicted
How Much Will My Bail Be? San Diego County Criminal Bail Amounts
While bail amounts can vary significantly based on the factors above, here are some general ranges you can expect in San Diego:
| Offense Type | Penal Code Section | Bail Amount |
| Felony Charges | ||
| Murder | PC 187(a) | No Bail |
| Kidnapping | PC 207(a) | $100,000 |
| Robbery (1st Degree) | PC 211 | $100,000 |
| Rape | PC 261(a) | $100,000 |
| Assault with Deadly Weapon | PC 245(a)(1) | $30,000 |
| Vehicle Theft | PC 10851(a) | $25,000 |
| Drug Possession for Sale | HS 11351 | $20,000 |
| Misdemeanor Charges | ||
| Domestic Battery | PC 243(e)(1) | Varies |
| Driving Under Influence | VC 23152(a) | $5,000 |
| Public Intoxication | PC 647(f) | $250 |
| Petty Theft | PC 484(a) | $1,000 |
| Possession of Marijuana | HS 11357 | $100-$500 |
| Resisting Arrest | PC 148(a)(1) | $5,000 |
A few important notes:
- Bail amounts can vary based on prior convictions, specific circumstances, and additional factors.
- Some charges may require mandatory court appearance.
- Bail can be paid in cash or through a surety bond.
- For charges not specifically listed, bail is typically determined based on the potential prison term.
- The actual bail amount may be adjusted by the court based on individual case details, criminal history, and flight risk.
Options for Posting Bail
If bail is granted, you have several options for posting it:
- Cash Bail
Paying the full amount in cash. Money is returned after the case concludes (minus fees). Requires significant upfront funds. - Bail Bonds
Working with a bail bondsman typically requires a 10% non-refundable fee. The bondsman posts the full amount and may require collateral. - Property Bond
Using property as collateral. Must have sufficient equity and requires court approval. More complex and time-consuming. - Getting Released on Own Recognizance (O.R.)
In some cases, you may be released without having to post bail. This is called “Own Recognizance” or “O.R.” release. To qualify, you typically need to demonstrate:- Strong community ties
- Limited or no criminal history
- Low flight risk
- Non-violent charges
- Ability to comply with release conditions
What to Do If You Can’t Afford Bail
If the set bail amount is beyond your means:
- Your attorney can request a bail reduction hearing
- You may qualify for alternative release programs
- Payment plans might be available through bail bond companies
- The court may consider supervised release options
Getting Help With Bail
The bail process can be complex and overwhelming. Having an experienced criminal defense attorney can help by:
- Arguing for lower bail amounts
- Requesting O.R. release when appropriate
- Identifying alternative release options
- Ensuring your rights are protected throughout the process
- Advising on the best approach for your situation
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Contact Carolyn L. Oliver | Criminal Defense Law Firm today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
Disclaimer
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.