How Bail Amounts Are Set in California

Published 2026-02-22

One of the first questions families ask when a loved one is arrested is "how much is bail?" The answer depends on several factors, and understanding how bail amounts are determined in California can help you prepare for the process and advocate effectively. Bail in California is governed by a combination of standardized bail schedules, judicial discretion, and constitutional protections against excessive bail.

County Bail Schedules

Every county in California maintains a bail schedule — a standardized list that assigns specific bail amounts to different criminal charges. These schedules are developed by the county's superior court judges and are reviewed and updated regularly. The bail schedule ensures consistency in bail setting and allows many defendants to begin the bail process immediately after booking, without waiting for a judge to review their case.

Bail schedules vary significantly from county to county. A charge that carries $25,000 bail in one county might carry $50,000 in another. This is why local knowledge matters when navigating the bail system — a bail bond company with experience in your specific county, like Bright Bail Bonds, understands the local bail schedules and can help you understand what to expect.

Factors Judges Consider

While bail schedules set the baseline, judges have significant discretion to increase or decrease bail based on the circumstances of each case. During a bail hearing, the judge will consider several factors including the severity of the charges and potential penalties, the defendant's criminal history and prior failures to appear, the strength of the evidence against the defendant, the defendant's ties to the community including employment, family, and length of residence, whether the defendant poses a danger to the community or the alleged victim, and the defendant's financial resources.

The California Constitution provides that bail must not be "excessive" — meaning it should be set at an amount reasonably calculated to ensure the defendant's appearance in court, not as punishment. Defense attorneys can argue for reduced bail at a bail hearing, presenting evidence of their client's community ties, employment, and low flight risk.

Common Bail Amounts in California

While every case is different, here are general ranges for common charges in California. Misdemeanor DUI typically carries bail of $5,000 to $15,000. Domestic violence charges range from $20,000 to $50,000. Drug possession charges can range from $10,000 to $100,000 depending on the type and quantity. Assault and battery charges typically carry $25,000 to $100,000. Felony theft charges range from $20,000 to $50,000. More serious violent felonies can carry bail of $100,000 to $1,000,000 or more.

These are rough estimates — actual bail amounts depend on the specific county, the circumstances of the offense, and the defendant's background. Your bail agent can provide specific information once they've reviewed the booking details.

Bail Enhancements

Certain circumstances can trigger bail enhancements — additions to the standard bail schedule amount. Prior felony convictions, use of a weapon during the offense, gang allegations, offenses committed while on probation or parole, and offenses involving violence against vulnerable victims can all result in significant bail increases. In some cases, enhancements can double or triple the standard bail amount.

Getting Bail Reduced

If bail is set higher than the standard schedule amount, or if the standard amount is beyond the family's ability to afford even with a bail bond, a defense attorney can file a motion for bail reduction. At the hearing, the attorney will present arguments and evidence demonstrating why a lower bail amount is appropriate. This might include evidence of strong community ties, stable employment, family responsibilities, and a history of appearing at court dates. Having an experienced attorney handle a bail reduction motion can save families thousands of dollars.

Source: Bright Bail Bonds — expert guidance through every step of the bail process. For immediate help, call 888-546-9733 anytime.