Santa Clara Bail Bond Fees

Why is my bail higher in Santa Clara than my friend’s bail for the same crime in San Diego?

Bail amounts are set at different rates for a huge variety of reasons. However, just because you and your friend are in a different county does not necessarily mean that your bail amounts will automatically be different amounts. In fact, the bail amounts are approximately the same for all counties across California, including Santa Clara and San Diego.

Your bail amount is, essentially, an assurance to the court system that you will return to court in order to stand trial for a crime that you are accused of committing. This bail amount is determined based on a variety of factors, including the judge’s assessment of the severity of your crime, the chance that you may not return to court to stand trial for the crime, and other offenses tied into the case. As such, while you and your friend may appear to have committed the same crime, chances are good that different judges will see your behavior in very different lights. As such, each judge will set a bail at a different level for each defendant.

Here are some things that the judge will take into consideration when determining your bail amount:

Assumptive Bail
The assumptive bail amount is going to be about the same for all counties in California, including San Diego and Santa Clara. This is similar to the base amount of bail. In addition to the assumptive bail amount, the judge may increase or decrease this amount depending on the particular situation.

Criminal History
The judge will always want to know about a defendant’s criminal history. This criminal history is important because it helps the judge determine whether or not a defendant has the ability to change behavior. For example, if you have been arrested for a DUI five times, chances are very good that the judge will set your bail at a much higher rate than if this were your first DUI offense. The judge may even deny bail based on your criminal history.

Offense
There are some offenses for which a defendant can be released from jail on his or her own recognizance. There are other offenses for which bail is automatically denied, such as some murder cases. The nature of the crime will help to determine the bail amount.

Flight Risk
A pretrial representative will ask you questions about your flight risk. If the judge believes that you may not stand trial for a crime that you have been accused of committing, then the judge may determine that your bail should either be set at a higher level, or the judge may deny bail altogether. Therefore, it is always a good idea to tell the judge that you appreciate the court and will return to stand trial. clra