When you are arrested and booked into jail you may wonder how is bail determined.
Bail amounts are determined according the Superior Court of California County of San Diego Bail Schedule. This is a 135-page document that sets bail amounts for all infraction, misdemeanor and felony charges in the County of San Diego. If you have more than one charge, the bail amounts will be added together (“stacked”) along with any bail for enhancements and prior convictions. There are a few circumstances where the bail amounts will not be stacked.
When you are first arrested your bail is set at the jail and there is no discretion in the amount. If you can post bail, then you will be released from jail. If you can’t post bail, then your attorney can make an argument at your arraignment or a bail review hearing for a lower amount. It’s important to know, however, that just as a judge has discretion to lower a bail amount, he also has the discretion to raise the bail amount. The judge will take into consideration factors such as your past court appearances, maximum potential sentence, and the potential danger if you are released.
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