Who sets bail and how is it determined? 18 Answers as of December 08, 2011

Bail is usually set per a bail schedule separately maintained by each county. Variations in the schedule are determined by the court after a hearing which can be requested by the defendants attorney. The amount of bail depends on a number of factors including the nature and seriousness of the offense, the defendants prior record, his likeliness to appear and general background among others. For a bail to be set that high the offense would usually be very serious although sometimes an arrest warrant can be issued by a judge specifically for a particular case in which the bail can later be reduced by presenting additional information to the judge. An attorney would most likely be necessary to litigate such a reduction successfully.

Ultimately, bail is set by the court. However, most counties in California publish suggested bail schedules which apply when the case is filed by the DA. The magistrate at arraignment can either increase or lower bail. A criminal defendant may make bail motions in most stages of a criminal proceeding requesting bail be lowered.

California has a bail schedule, setting the bail amount for each crime, set of crimes, and enhancements (like the strike). But judges have the power to adjust the bail amount either up or down depending on the circumstances. For the past 20 or so years, the law requires judges to presume the charges are true for the purpose of setting bail amounts.

California has a bail schedule that Judges go by. Sometimes the DA will ask that the bail be higher than what is recommended by the schedule. Defense attorneys have a job to try and lower or eliminate the bail. The schedule is just a recommendation. The attorneys duel it out (defense vs. prosecution).

Bail is initially determined by a bail schedule, based on the charges and the person's criminal history. A strike can raise the bail amount significantly. The bail amount set for a violent felony, for example, is much higher than say, possession of a controlled substance (drugs). Since bail is initially set based on the charges on which a person is arrested, officers will frequently book him into jail with as many charges, or as serious a charge as they can; sometimes they "double charge," for example, charging possession for sale and simple possession of the same drugs; two charges, the same relevant conduct, but a separate bail amount for each charge. When the accused is taken to court, the judge will determine the amount of bail, or decide to release him. In our drug example, the judge would probably reduce bail to the amount of to the single charge of possession for sale. The judge has ultimate discretion, looking at basically dangerousness to the community, risk of flight, and seriousness of the charges. I hope this helps.

Bail is supposed to be set by the judge based on each defendants likelihood of appearing at future criminal hearings. It is often erroneously set based on the county bail schedule, which is only supposed to be used by the police pending the defendants first appearance. Your sons lawyer should ask for reduction of the bail amount.

Strike convictions last forever. Judges supposedly set bail. Generally, it is set according to a countywide schedule for specific offenses and any enhancements. I am of the opinion that as the statutes and the California Constitution do not provide for due process protections such as a hearing with notice, such provisions are unconstitutional under the federal constitution.. Son needs aggressive attorney IF being released is a serious and viable concern. By which I mean, what is the reality or possibility of a conviction of the present charges? If high, bail is probably not an issue.

Within each county in California, there is a bail schedule. There is a presumptive amount of bail for any particular charge. For bail of 1 million, I would assume your son has two strikes on his record unless his current charge is substantial. The judge ultimately determines what bail should be set at after considering all the factors in the Penal Code. The defense can make a motion to reduce the bail, as well as the prosecution can seek to have the bail increased.

There are bail guidelines that are set by the state, but a judge has authority to reduce or enhance the amounts. Usually, amount depends on current charges, past history, flight risks, etc.

Bail is often determined pursuant to California's bail schedule which attributes a bail amount to each and every criminal offense. In the case of your son, his bail was set at 1 million as a result of his prior strike which is what the bail schedule requires. Depending on all the facts and circumstances of his case, he may be able to get a bail reduction when he appears in court. I hope this answer was helpful. Good luck.