If you or a family member have been arrested and need a bail bond or a bail reduction, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

A Bail Bond is an insurance bond that you can post in order to be released from jail.  You can either pay the entire bail directly to the jail or pay 10% to a Bail Bondsmen.  This 10% is a nonrefundable fee, but if you pay the entire bail amount to the jail, at the conclusion of your case, the entire amount will be refunded.

The amount of bail varies depending on the charge and the county.  Each county has their own predetermined bail schedule.  For the 2017 bail schedule for Los Angeles County, you may find it here.

The purpose of the bail schedule is to fix an amount upon which a person who is arrested without a warrant may be released from custody prior to appearance in court. At and after a defendant’s first appearance, pursuant to Penal Code section 1269b(b), the amount of bail, if any is allowed, shall lie with the sound discretion of the judicial officer before whom the defendant appeared, and may be greater or less than the amount set forth in the Los Angeles bail schedule, subject to the provisions of Penal Code section 1275. The schedule may also be used by a magistrate in fixing bail pursuant to Penal Code section 815a at the time an arrest warrant is issued, the amount of which lies with the sound discretion of the magistrate.

When a defendant is booked for or charged with two or more offenses, bail shall be the amount computed under this schedule for the charge having the highest bail, including applicable amounts for enhancements and prior convictions except: (1) where the offenses are committed against separate victims or on separate dates, or (2) where separate sex acts are committed on the same victim and each may be punished separately (including circumstances enumerated in Penal Code sections 667.6(c) and (d)). In addition, amounts for enhancements and prior convictions shall each be added one time per person arrested, per defendant, or per case.

California Penal Code 1275 PC — Setting, reducing or denying bail; considerations. (a) In setting, reducing, or denying bail [pursuant to a California bail hearing], the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant. (b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.

California Penal Code 1270 PC — Release on recognizance; non-capital offense; offense; considerations; public safety; procedure. (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, where under the defendant shall be released.

California Penal Code 1269c PC — Increase or reduction of bail in schedule; declaration by peace officer; application by defendant; determination by magistrate.  The magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to assure the defendant’s appearance or to assure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance.