
No. The assumptive bail amounts for all counties in California are approximately the same. As such, the approximate amount of bail that you will have to pay will be about the same from one county to the next. That being said, there are a variety of factors that are taken into consideration when a judge sets bail. Among those factors that a judge will consider include the following:
Crime
The judge will look at the crime that has been committed. Depending on the severity of the crime, the judge may adjust the bail to suit the particular case. In situations where the crime is relatively benign, the judge may set the bail at a lower rate or he or she may even let a defendant leave jail pending the trial on his or her own recognizance. If the crime is particularly heinous or if the defendant could pose a danger to society if her or she is allowed to leave jail, then the judge may set a higher bail rate or the judge could even deny bail altogether.
Criminal History
Judges are always interested in looking at a defendant’s criminal history. If the defendant has a long criminal record, then the judge may set the bail rate higher than if the crime was the defendant’s first offense.
Assumptive Bail
The judge always looks at the rate schedule for penal code violations. The assumptive bail is basically an approximate base amount that is charged for a variety of different crimes. The assumptive bail rate is the same for counties across the state.
Flight Risk
The judge will always take a defendant’s flight risk into consideration when determining bail. If a judge believes that a defendant may not show up to court to stand trial for a particular crime, the judge may set the bail at a higher rate than if the judge believed that the defendant would show up to court. Also, if a defendant has escaped or attempted to escape from jail or prison, the judge will probably deny bail altogether.
When it comes to actually paying for bail, if bail is granted, the procedures are also the same for counties across the state. A defendant can either opt to pay bail on his or her own or the defendant can enlist the help of a bail bondsman to help pay bail. If a defendant pays bail on his or her own, then the defendant will get a full refund (less administrative fees) as long as the defendant goes to trial. However, if a defendant uses the services of a bail bondsman, then the defendant will pay the bondsman a non-refundable down payment for the services. The bondsman will then put up the full amount of bail for the defendant and will get this money back as long as the defendant goes to court to stand trial for the crime.