
If I have a friend that is arrested for a Dui in Santa Barbara, why is her bail lower than my DUI bail in Los Angeles?
When a person is arrested and taken to jail for booking, a judge will set the bail for that person based on a variety of factors. First, the judge will take a look at the particular circumstances of the crime and of the arrest. The judge will then take a look at the assumptive bail rate for the particular offense. The assumptive bail rate is going to be approximately the same for the same offense in all counties across California.
The judge will also look at the nature of the crime that you have been accused of committing. If you have a simple DUI, then the bail rate will likely be less than if you had a DUI combined with an open bottle in the car and speeding. As such, the circumstances surrounding the situation will greatly determine the amount of bail.
Once the judge looks at the particular crime that you have been accused of committing, the judge will look at you, the individual. The judge will be interested in learning more about a criminal history, especially if the defendant is charged with the same crime more than once. The judge is also interested in knowing more about the defendant’s attitude regarding the arrest. If the defendant is belligerent, then chances are that the bail will be set at a higher rate than if the defendant was completely compliant. Therefore, if you are arrested for any reason, it is a good idea to comply with the judge’s orders and with the arresting officer’s orders.
Be sure that you and your friend truly were arrested for the same thing. If you have been arrested for a DUI and your friend has as well, make sure that your bail and arrest is not also based on other factors as well, such as speeding or possession of an open container in the car. The more offenses, even if combined in the same arrest, correlates to the more things that you might have to pay bail for.