Orange County has established a bail schedule for individuals who have
been arrested without a warrant. Such individuals may be released from
custody before they appear in court providing they post bail according
to the schedule. Upon the defendant’s first appearance, if bail
is allowed, it will be at the sole discretion of the judge seeing the
defendant, pursuant to Penal Code Section 1269(b). During the first appearance,
the judge has the authority to set bail that is higher or lower than the
It is up to law enforcement to notify the judge they believe the bail set
is not high enough for the crime. Additionally, if a warrantless arrest
is made for a bailable felony, or for violating a domestic violence restraining
order (a misdemeanor), and a police officer has reason to believe that
the bail set by the judge was not enough to assure the victim’s
protection, or to assure the defendant will appear in court, the officer
can seek higher bail through a declaration under penalty of perjury.
A Glimpse at the Bail Schedule
According to the Superior Court of California County of Orange, if an offense
and enhancement does not specify presumptive bail in the schedule, presumptive
bail will be set according to the “state prison top term potential
for the offense enhancement.” Here are just some examples:
- If the top term is 3 years, bail is $20,000.
- If the top term is 4 years, the bail is $25,000.
- If the top term is 6 years, the bail is $35,000.
- If the top term is 10 years, the bail is $55,000.
- If the top term is 13 years, the bail is $75,000.
Felony bail schedule:
Here are some examples from the felony bail schedule:
- If someone uses false documents to conceal their true citizenship, bail
If someone is accused of murder,
there is NO bail.
DUI with gross negligence is $100,000 bail.
manslaughter is $100,000 bail.
- Involuntary manslaughter is $25,000 bail.
- Vehicular homicide is $100,000 bail.
- Aggravated mayhem is $1,000,000 bail.
- Kidnapping a victim under the age of 14 is $500,000 bail.
- Carjacking is $100,000 bail.
To learn more about the bail schedule,
If you or someone you love is facing criminal charges in Orange County,
contact the Law Offices of Virginia L. Landry, Inc. We can answer all
of your questions and help you understand your
Call today for a free case evaluation.