We have a question about bail in Riverside.

How is it different than bail in Los Angeles or Burbank?

It’s probably not. Bail in all counties across California is going to be generally the same amount. Bail is based on an assumptive bail rate schedule that all counties use to start the process of determining bail. There is a different assumptive bail rate for each penal code violation.

Sometimes, the assumptive bail rate can be vastly different for what seems like the same crime. This difference can lead to a great deal of confusing. For example, a violation of penal code 451b, which is arson of an inhabited structure, comes with an assumptive bail amount of $250,000 whereas violation of penal code 452 c, which is recklessly causing fire to a structure or forest land only comes with an assumptive bail rate of $7,500. Therefore, it is important to understand the nature of the crime when determining a bail amount.

Also, while the assumptive bail rate for each of these counties is the same, it is important to keep in mind that each of these counties has a different court system and selection of judges. Each judge will take the facts of each case into consideration separately when determining the amount of bail for a particular crime. Judges will look at the following circumstances when determining bail:

Flight Risk
The judge will be interested in whether or not a defendant plans to show up for court in order to stand trial. If the judge thinks that the defendant might not show up for court, then the judge will set the bail at a higher rate than if he believed the defendant would show up.

Crime
The judge will base the bail on the crime. To start, the judge will look at the assumptive bail rate for the crime(s) committed. The judge will then factor in all of the considerations, such as the violent nature of the crime or the relative danger of the defendant. In some cases, the judge will not grant bail. In other cases, the judge may decide to let a defendant out of jail on his or her own recognizance.

Criminal History
The judge will always want to know whether or not a defendant has a history of committing crimes, especially the same crime that he is currently in jail for. If the criminal history is longstanding, then the bail will be higher than if the defendant were a first-time offender.