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BAIL SCHEDULE FOR INFRACTIONS AND MISDEMEANORS
GENERAL PROVISIONS
Uniform Bail Codes
The following state codes have a single bail amount for all misdemeanor offenses
within that code:
| CODE |
UNIFORM BAIL |
| Civil Code |
$250 |
| Code of Civil Procedure |
$250 |
| Education Code |
$250 |
| Election Code |
$250 |
| Financial Code |
$250 |
| Food and Agricultural Code |
$500 |
| Government Code |
$250 |
| Insurance Code |
$250 |
| Labor Code |
$250 |
| Public Utilities Code |
$1,000 |
| Revenue and Taxation Code |
$250 |
| Streets and Highways Code |
$100 |
| Unemployment Insurance Code |
$250 |
Unlisted Misdemeanors
For all offenses chargeable as straight misdemeanors for which there is no uniform
bail and which are not otherwise
provided for in this schedule, including unlisted subdivisions, the bail is $500,
except that if the minimum fine for the
offense (not including any penalty assessments) is greater than $500, then the
bail is the amount of the minimum fine.
For all offenses chargeable either as a felony or a misdemeanor (“wobblers”)
for which there is no uniform bail and which
are not otherwise provided for in this schedule, the bail is $750 (not including
any penalty assessments), except that if
the minimum fine is greater than $750, then the bail is the amount of the minimum
fine.
All violations of County ordinances constituting misdemeanors for which no provision
is made in this schedule shall have
bail of $250. All misdemeanor violations of the California Code of Regulations
for which no provision is made shall have
bail of $125, except that if the minimum fine for the offense (not including
any penalty assessments) is greater than
$125, then the bail is the amount of the minimum fine.
Unlisted Infractions
For all violations of state statutes, provisions of the California Code of Regulations
or County ordinances constituting
infractions, which are not otherwise provided for in this schedule, including
unlisted subdivisions, the bail is $35, except
that if the minimum fine is greater than $35, the bail shall be the amount of
the minimum fine.
Arrest Without Warrant
When a defendant is arrested without a warrant and charged with more than one
misdemeanor offense (other than
Vehicle Code violations), the defendant shall be entitled to his release upon
posting bail in a sum equal to the highest bail
fixed for any one single offense with which he may be charged.
Penalties
" P." designates the penalty, state penalty, or additional penalty
required
by Penal Code Section 1464. When an offense
listed in this schedule requires a court appearance ("Ct."), the assessment
shall not be added to the bail amount. Upon
conviction, however, the assessment shall be added to the fine imposed.
As provided by Penal Code Section 1464, Government Code Section 70372(a) as modified
by Government Code Section
70375(b), and Government Code Section 76000, an additional assessment of $20
is to be added to "every ten dollars
($10) or fraction thereof, upon every fine, penalty or forfeiture imposed and
collected by the courts for criminal offenses,
including all offenses, except parking offenses, as defined in subdivision (i)
of Section 1463, involving a violation of a
section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle
Code."
Government Code Section 70372(a) requires imposition of a state construction
penalty for every fine, penalty, or forfeiture
collected by the courts for criminal offenses, including but not limited to all
offenses, except parking offenses, as defined in
Penal Code Section 1463 and violations of the Fish and Game Code and Vehicle
Code or local ordinance adopted
pursuant to the Vehicle Code. Section 70372 specifies the maximum court construction
penalty of $5 for every $ 10, or
fraction thereof, of the criminal fine, penalty, or forfeiture. Government Code
Section 70375(b) specifies that the $5 court
construction amount authorized by 70372(a) is reduced by the amount collected
for deposit into the local Courthouse
Construction Fund established pursuant to Government Code section 76100. A court
construction penalty of $3 for every
$10 of the base fine is used to calculate that penalty and the total bail.
Penal Code section 1464(b) provides that in the case of multiple offenses, the
amount of “additional penalties” is to be
determined by the total base bail or fine for all the offenses cited, and if
the fine or base bail is suspended in whole or part,
the “additional penalties” shall be reduced in proportion to the
amount of suspension.
Penal Code Section 1465.7(a) requires imposition on criminal offenses of a state
surcharge equal to 20 percent (20%) of
the base fine used to calculate the state penalty assessment as specified in
Penal Code section 1464(a). Penal Code
Section 1465.7(b) requires that the surcharge be imposed in addition to the state
penalty assessment pursuant to Penal
Code Section 1464 and not be included in the base fine used to calculate the
state penalty assessment as specified in
Section 1464.
Parking
An "additional penalty" of $5 shall be included in the total penalty
for a parking offense (Government Code Section
76000).
Abbreviations
“ Ct.” designates “court appearance.”
“ I” designates “infraction.”
“ M” designates “misdemeanor.”
“ P” designates “penalty.” See above for further information
on penalties.
Footnotes
Footnotes are at the end of the document. Unless otherwise specified, a footnote
applies to every bail indicated for a
section. |