BY | August 9, 2023

If you, or someone you care about, is facing felony charges in California, then you’ve likely got a lot of questions running through your mind about what happens next. For example, you may be wondering whether bail is even a possibility in this scenario. 

In this blog, we’ll talk you through the process of posting bail in California - which, you’ll be pleased to hear, is possible, even with felony charges! 

What exactly is Bail? 

Bail is a process that allows people to be temporarily released from jail while awaiting sentencing. Typically, a bail price is set by the judge overseeing the case, which must be paid to allow the release - though this can be returned if the defendant shows up in court as promised. There are a few different types of bail, such as cash bail, a bail bond, and property bond. 

Essentially, it's an agreement between the defendant and the court system, wherein the defendant agrees that if released, they will turn up at any and all court appointments as scheduled. If bail is skipped, this money will not be returned, and the defendant will likely face more severe charges moving forward. Not only that but they’ll also be denied the opportunity to post bail in the future. 

Within the California Bond System, approximately 60% of people are able to be released on bail. This is slightly lower than the US average, which is 61%.

Can you Post Bail on A Felony Charge in California? 

If you are facing felony charges, you may be worried that the nature of the crime means you’re unable to post bail. However, the truth is that most people facing felony charges in California are able to make bail. 

However, the severity of the crime will likely reflect in the total bail amount, as will your previous criminal history and the perceived likelihood of you “fleeing” (i.e., the chances of you not showing up to court). 

As such, while the cost of bail may be higher in these scenarios, you may still be given the chance to post bail. After all, according to California Constitution, “A person may not be deprived of life, liberty, or property without due process of law.” This feeds into the phrase, “innocent until proven guilty,” - something which will work in your defense moving forward.

Bail and Felony Regulations California. 

As discussed above, many of those facing felony charges in California can post bail per the state's Bail Schedule and regulations. This is because, throughout the US, bail is a constitutional right - and there are only a few specific scenarios through which it can be stripped away.

This topic is explored in more detail in the California Constitution: Article I - Declaration of Rights, which states that: 

A person shall be released on bail by sufficient sureties, except for:

(a) Capital crimes when the facts are evident or the presumption great;

(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when…there is a substantial likelihood the person’s release would result in great bodily harm to others; or

(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.

As such, if you can demonstrate (through legal counsel) that your temporary release will not put yourself and others in danger and that you will show up at all court proceedings as instructed or required, you should be able to post bail for a felony charge in California. 

Furthemore, if the bail amount set by the judge is relatively high (meaning you cannot realistically pay this yourself or have a member of your family pay), you can work with a local bail bond agent. 

How much does Bail Cost in California?

As discussed above, the amount of money you’ll be expected to pay in bail is often slightly higher for felonies than it is for a misdemeanor or other similar charges. This is because there are many variables at play that influence the judge’s decision when setting the bail amount, including your criminal history. 

If you’re looking for a vague idea of pricing, however, here are some of the typical bail amounts for felonies in California: 

• Murder: $2,000,000.
• Voluntary Manslaughter: $100,000.
• Involuntary Manslaughter: $25,000.
• Vehicular Homicide: $100,000.

This is, of course, money that many people do not have set aside. In fact, a recent report from the U.S. Commission on Civil Rights found that “more than 60% of defendants are detained pre-trial because they can’t afford to post bail.". 

However, a clear solution to this issue is working with a bail bondsman or agent. This way, you can secure your release for a smaller percentage (often 10%) of the set amount, with the bail bond agent covering the costs. 

Facing a felony charge in California? Reach out today! 

If you’re facing a felony charge in California and are not in the financial position to make a cash bond, we’re here to help. Since 2017, we’ve helped countless defendants and their families navigate the complex legal world with confidence - ensuring that they’re able to post bail while awaiting trial.

Not only will we be happy to answer any questions you may have, but we also handle every case with the care and sensitivity it deserves. Furthermore, to make our services as accessible as possible, we accept a range of payment options. This means we can quickly pull together a payment plan that works within your budget - meaning that you or your loved one will not have to stay in jail while awaiting trial.

Please do not hesitate to get in touch today!