If the police have arrested someone you love for domestic violence in California, you probably have a lot of thoughts swirling around your mind. Typically, the first step is to get them out of jail as soon as possible. The question is, How much is bail for domestic violence in California?
The bail amount for domestic violence can be anywhere from $5,000 to $100,000 or more. However, it’s also possible for the court to release you on your own recognizance (“OR”), which means you don’t have to pay money to get out of jail. On the other hand, a judge can also decide to deny bail altogether, and your loved one will have to stay in jail.
There are so many variables involved in a judge’s ruling on bail that it’s often worth hiring a defense attorney at this early stage so they can fight for low or no bail amounts. A good defense attorney can also fight for bail release conditions that allow your loved one to continue living their full lives without risk of violating their bail.
At Esfandi Law Group, we guide our clients through the criminal justice process, including the bail process. Even if your loved one has already had an initial bail hearing, we can still come back to court and argue for the court to lower the bail amount or adjust the bail conditions.
How much is it to bail someone out of jail for domestic violence? In this blog, we’ll cover the details you need to know.
What Is the Average Bail Amount for Domestic Violence in California?
There’s no one average bail amount for domestic violence. Under state law, each county sets its own standard bail amounts (called schedules) for specific charges, including different amounts for misdemeanors and felonies. On top of that, each individual judge can then typically adjust these amounts as they see fit, based on factors like the severity of the offense and criminal history.
To illustrate just how much bail amounts vary, one study showed the median bail amount in San Mateo County was $500, while the median amount in Merced County was $50,000. Another study showed that in Los Angeles County, the median bail for those currently incarcerated pretrial was $235,000. Most of these people are still in jail pending trial because they could not pay their high bail amount.
Keep in mind that there is no stand-alone domestic violence criminal charge in California. Instead, these charges involve committing an assault, battery, rape, or other crime against a person deemed to be in a domestic relationship with the person charged.
Overall, the general rule of thumb is that a first-time domestic violence-related misdemeanor bail amount is around $5,000 – $10,000, while a felony charge is a minimum of $50,000. But remember, that’s only a general rule of thumb, and judges have discretion when setting bail.
What Impacts the Bond Amount for Domestic Violence
Several factors influence how much the bond will be in a domestic violence case. Key factors that can impact the bond amount for domestic violence include:
- Severity of the injuries. More serious injuries will likely result in a higher bail.
- Criminal history. If the defendant has a prior record, especially for similar offenses, the judge may increase the bail amount.
- Use of weapons. Cases involving firearms or other weapons typically carry higher bail amounts.
- Violation of restraining orders. If the arrest involved a breach of an active restraining order, the court often significantly increases bail.
- Flight risk. If the judge believes the defendant may flee, they can set bail higher or deny bail and pretrial release altogether.
- Public safety risk. If the accused poses a threat to the alleged victim or the community, the court may increase the bail to protect others.
Each case is unique, and bail amounts your lawyer can negotiate based on the evidence and context surrounding the arrest.
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Free Initial ConsultationHow a Defense Attorney Can Help Lower Bail
Having an experienced domestic violence attorney on your side can make a substantial difference when it comes to bail. Here’s how an attorney can help lower the cost or even get bail waived in certain situations:
- Filing a bail reduction motion. Your attorney can request a bail hearing and argue for a lower amount based on mitigating circumstances.
- Presenting evidence of stability. Defense attorneys can present evidence showing that the accused is not a flight risk. Such evidence can include ties to the community, employment, or family obligations.
- Challenging the allegations. If there are weaknesses in the prosecution’s case, your lawyer can bring these up early, potentially reducing the perceived risk and the bail amount.
- Seeking “own recognizance” release. In some cases, your loved one’s attorney can argue for an OR release so they don’t need to pay any bail to get out of jail while awaiting the disposition of their case.
Having the right legal advocate from the start can save thousands of dollars and help protect the accused’s rights from the moment of arrest.
What You Need to Know About the Bail Process
The bail process in California can feel overwhelming, and it’s helpful to know what to expect. Here is the typical sequence of events:
- Arrest and booking. After arrest, the individual is booked at a local jail. This includes fingerprinting, photographing, and entering the charges.
- Bail is set. The booking personnel use a standard bail schedule to set bail, or the judge sets bail during the first court appearance (arraignment).
- Posting bail. You can pay the full bail amount directly or work with a bail bondsman. A bondsman typically charges a non-refundable fee of 10 percent of the bail amount.
- Release. Once you post bail, the jail releases the defendant with a date to appear in court.
- Bail conditions. The court may impose conditions on the release, such as staying away from the alleged victim or attending counseling.
It’s critical to comply with all court conditions. Failing to appear or violating terms can lead to bail being revoked and additional charges.
Talk to Esfandi Law Group Today
If someone you care about has been arrested for domestic violence in California, don’t wait. The decisions made in the hours and days after an arrest can shape the outcome of the entire case.
At Esfandi Law Group, we understand how confusing and stressful this time can be. We offer immediate legal assistance, help with bail hearings, and guidance through the criminal defense process. Our team is fluent in Spanish and dedicated to protecting the rights of every client, regardless of background or circumstance.
With over 23 years of experience, Seppi Esfandi and our team have defended thousands of individuals against a broad range of criminal charges. We fight aggressively to reduce bail, prevent jail time, and build a solid legal defense tailored to your case.
Call Esfandi Law Group today for a consultation. We offer flexible payment plans and compassionate support every step of the way. Let us help you take the first step toward resolving this difficult situation.
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