How is the amount of Bail determined?
Superior Court judges are responsible for adopting a Countywide bail schedule for all bailable felony offenses and for all misdemeanors and infractions that are not vehicle code violations. The schedules usually list the offense by the code section and description, then indicate the recommended amount of bail for each offense. Bail is initially set by the magistrate at the first court appearance. If an OR or bail reduction is not granted on the arraignment date, a bail review hearing can be set. California Constitution Article I ยง 12(c) prohibits excessive bail; however, bail will not be considered excessive just because the defendant is unable to afford posting the amount fixed. The reasonability of the bail amount fixed will be determined by the bail schedule as well as the circumstances of the crime and the worth of the bond to the defendant. What happens at a Bail Review? A motion to reduce bail must be made within three days of the arraignment. In determining whether to reduce bai
