Defendants facing criminal charges in California can be released before trial by posting bail. Bail money guarantees the court that you will follow through with your case by attending the trial and other court proceedings. You may be entitled to a bail release when you face misdemeanor or felony charges.

When you attend your first court hearing, the judge will set your bail and adjust it depending on the circumstances of your case. After setting bail, you can pay in cash, using property, or through a bail bond. Many defendants prefer utilizing a bail bond because of its affordability and convenience.

Working with a competent Palm Desert bail bondsman will significantly impact your bail posting experience. The following are some of the factors that the court will take into account when determining your bail amount:

Bail Schedules

The first factor the judge will consider when setting bail is the bail schedule. In California, bail schedules list all offenses and the amount recommended for each offense. The offenses in the bail schedules are categorized into felonies and misdemeanors charged under the Penal Code, Health and Safety Code, Insurance Code, and other types of criminal law.

You can pay the specific amount indicated on the bail schedules for your crime if a warrant is attached to your arrest. Calculating bail schedules starts with the amount prescribed for the crime after an arrest. When a defendant is charged with multiple offenses, the court will use bail for the most serious offense as the base amount.

If you caused harm to multiple victims when committing these offenses, the court may add the amounts for each crime to the bail schedules. Most defendants will not pay the bail amount indicated on the bail schedules. Instead, the judge can increase or reduce the amounts depending on other case circumstances.

Your Criminal History

California law is strict on repeat offenders during sentencing and when setting bail. An extensive criminal history indicates your disregard for the law and court systems. Therefore, the court will examine your past offenses and convictions when determining the amount you must pay as bail.

If you have repeatedly violated California law, you may not be trusted to obey bail conditions or appear in court after the bail release. The court will set a high bail amount for you in this case. Your criminal history may also affect your ability to receive help from a Palm Desert bail bonds company when you need help posting bail.

Sometimes, the court can release a defendant on recognizance. This means that you will not make a monetary commitment to the court for a release. Instead, you will sign a note promising to return to court for scheduled proceedings.

However, their own recognizance or lack of bail release is only available for first-time offenders or those with a minor criminal history.

The severity of your Crimes

A bail release is available for defendants who commit all sorts of crimes. You can be released on bail for minor offenses like shoplifting and serious crimes like burglary and assault. However, the seriousness of your offense will significantly determine the amount of bail you must pay.

The nature and severity of your offense indicate the level of risk you pose to the community. Another reason the severity of your crime affects the bail amount is that defendants facing charges for more serious offenses are likely to flee the consequences of their actions. Therefore, more severe crimes will carry higher bail amounts than minor offenses.

Your Flight Risk

Posting bail for a release before trial assures the court of your return for court proceedings. Your flight risk is the likelihood of fleeing jurisdiction after a bail release to avoid the consequences of your crimes. The court must consider your flight risk when determining your bail amount. The judge's amount should be enough to discourage you from fleeing.

The judge will determine your flight risk by weighing the following factors:

  • Family and community ties. A defendant with strong family and community ties is considered a low-flight risk; thus, the court can set a lower bail amount for them.
  • Stable employment. If you have a permanent job or stable employment within the jurisdiction of your arrest, the court considers you a lower flight risk. You may be less likely to leave your job and skip bail.
  • History of flight. A past instance of flight after a bail release could dim your chances of a bail release. With a slim chance of securing a bail release, you may need to pay a high bail amount due to your high flight risk.

Strength of the Criminal Case Against You

Unless you are arrested while committing a criminal act, law enforcement officers will gather as much evidence as possible before arresting you. This helps ensure the prosecution has strong charges that could lead to a conviction. The strength of the prosecutor's case against you may affect the court's decision to set your bail.

Through the evidence that the court has against you, they can determine your flight risk and possible conduct after a bail release. The court can set a high bail amount when the prosecution case is strong and the likelihood of a conviction is high. This will discourage you from fleeing after the release.

Conversely, when the prosecutor's case against you is weak, you may be compelled to stick around to fight the charges and have the case dismissed. For this reason, the court will set a low bail amount for your release.

Potential penalty for Charged Offense

As a defendant in a criminal case, your potential penalty can be used to determine your bail amount. Penalties, in this case, include the maximum prison sentence, fines, or probation period you will receive after a conviction for your offense.

Defendants facing charges for severe offenses with the potential for harsh penalties are considered a high-flight risk. This is because the thought of spending a lengthy time behind bars, among other penalties, could cause them to flee and skip bail.

When you skip bail after posting cash, the money could be lost to the court through a forfeiture. Additionally, your Palm Desert bail bonds company could lose the money they posted for you when you use a bail bond to secure a release.

Therefore, the court will set a high bail amount to discourage you from fleeing. The fear of losing that money could keep you around. Sometimes, the court will deny your bail and order a no-bail release if you face charges for an offense punishable by life imprisonment or capital punishment.

Court Appearance History

The presiding judge will check your past court appearances when determining the bail needed to secure your release before trial. This could range from scheduled court dates to probation reporting or past bail appearances. If you have a history of failing to appear in court as scheduled, you cannot be trusted to obey your bail conditions and appear for trial.

Additionally, with a criminal history, the court views you as a threat to public safety, and you could evade the authorities to avoid facing the consequences of your crimes. The court will set high bail amounts or deny bail altogether for defendants with an extensive history of violating court orders.

Your Criminal Situation at the Time of Arrest

Your situation when you committed the current crime may be critical in determining the bail amount you must pay. If you commit the current crime while on probation or parole, the court will consider you a risk to the community.

A common condition of probation or parole release is that you refrain from committing other offenses. Being arrested during these times violates court orders. This means you are likely to breach your bail conditions.

Additionally, if you are pursuing an appeal, you have been found guilty of an offense. Therefore, your release on bail could increase your likelihood of flight. If you are in these legal predicaments, the judge may set a high bail amount to motivate your appearance in court for trial and other proceedings.

History of Mental Illness and Drug Abuse

Mental illness and drug abuse can dictate a person's behavior and criminal conduct. Therefore, the court will look into your mental health and drug abuse history after your arrest and can use these facts to set your bail. California courts often set higher bail amounts for individuals with known mental illnesses under the assumption that:

  • A defendant with mental health issues may not understand the consequences of violating court orders. Therefore, they will likely flee and skip court dates after a bail release.
  • Defendants with mental illnesses or drug abuse problems are a risk to the safety of other people. Often, drug abuse or mental incapacity could impact the defendant's actions toward other people.

Income and Resources

The judge will consider your financial situation during your bail hearing. Your income and resources will help determine the amount necessary to secure your release. Bail is used to guarantee your appearance for court proceedings after your release. The thought of losing the money presented to the court as bail motivates most defendants to obey bail conditions and attend the trial.

Therefore, the court may set a high bail amount for a person with a high income and resources. Thus, it is done if the defendant is not afraid of losing a few thousand dollars in a bail forfeiture that occurs after skipping bail. On the other hand, low-income defendants could have borrowed money or the services of a Palm Desert bail bondsman, making them more likely to obey court orders.

Bail Setting Algorithms

The bail-setting algorithms are computer programs that help the judges determine the appropriate bail amount for each defendant. The algorithms are based on data and statistical models that predict a suspect's likelihood of flight. Additionally, these algorithms could dictate a person's conduct and the risk they pose to the community after a bail release.

When determining your bail using the algorithms, the judge will input different factors about your life and case and generate a value. This value can act as a basis for setting the specific bail amount.

Public Safety

A bail release offers numerous benefits for the defendant and their families. This allows the defendant to move on with their life, spend time with family, and return to work while the criminal case is pending. Additionally, allowing a bail release helps decongest the jails and conserve government resources for individuals behind bars.

However, the court will consider the safety of other individuals in the community when determining the amount of bail needed and deciding whether to award the bail release. You can be released on bail even when you are facing charges for severe felonies like assault, robbery, and other violent offenses.

If you have proven to threaten the safety of witnesses in your case, the victims, or other community members, the court will set a high bail amount for your release. You will be considered a threat to public safety if you have engaged in threatening behavior or verbally threatened an alleged victim.

After a bail release, the court could issue a restraining order against you to protect the victims of your crimes. Threatening or causing harm to the restrained person will be considered a bail violation and could result in a bail forfeiture. Therefore, setting high bail amounts under these circumstances will compel the defendant to stick around after the bail release.

Find an Expert Palm Desert Bail Bondsman Near Me

California law allows defendants to secure an early release by posting bail. Bail amounts vary from defendant to defendant, and the judge will set the amount at your arraignment. The specific amount you need to pay for a release could make the difference between securing a fast release and remaining in jail for months or weeks pending trial.

Different factors, including your criminal history, flight risk, and the severity of your offense, could play a role in determining your bail amounts. Due to the high bail amounts set by California courts, you will require the assistance of a reliable surety company to post a bail bond. At Fausto Bail Bonds, we offer top-notch bail bond services for our clients. Contact our Palm Desert bail bondsmen at 855-328-7867 for much-needed assistance.