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If you have been arrested and charged with a felony in California, you will likely have several questions and concerns running through your mind about what comes next. For example, you might wonder whether it is possible to post bail in your case. If you are asking yourself this, the short answer is, in most cases, you can post bail even with a felony charge. However, there are various factors to be considered, as this blog explains.

Posting Bail Is a Constitutional Right In California and the U.S

Any person arrested in California has the constitutional right to post bail per the applicable bail schedule and await their trial outside of custody. Bail is a constitutional right throughout the United States.

Also, Article I, Section 12 of the California Constitution gives every accused person the right to be released on bail. That means you can post bail whether you face misdemeanor or felony charges. However, various factors will determine whether or not you can post for your felony charges or not, all of which boil down to the judge's discretion.

In California, judges possess broad discretion when it comes to deciding whether or not to permit bail release after a felony arrest. They consider various factors, including:

• The threat you might pose to the general public’s safety if they release you into society before trial
• The likelihood that you are a flight risk 
• Your criminal record
• The severity of your supposed crime
• The county's felony bail schedule

Even though it is possible to bond out of jail for many felonies, aggravating factors and enhancements can raise the bail value considerably.

The Severity and Nature of the Supposed Crime 

The California constitution allows felons to post bail. However, there are exceptions, whereby if the felony is so severe, the felon can be stripped of this right. These exceptions are if the felon faces:

• A capital crime when the presumption is great or the facts are evident
• A felony offense that involves violent acts upon somebody else. Or a felony sexual assault crime on someone else when there is a significant chance the defendant's release would result in substantial physical injury to other
• A felony violation if the presumption is great or the facts are evident, and the judge finds, contingent on clear, convincing evidence, that the defendant has threatened another party with substantial physical injury and that there is a higher chance they would fulfill their threat if released.

That said, more severe violent offenses such as assault, robbery, rape, and murder call for no bail or a much higher bail amount. Meanwhile, nonviolent crimes like drug possession, theft, or fraud might still warrant attracting a high bail amount on your criminal record.

Prior Criminal Record and History of Court Appearances

If you have a nonexistent or minimal criminal background, the judge can allow you to post bail on your felony charges. On the other hand, several past convictions will work against you.

There is this misconception that only convictions count for a past record. Even when the court has acquitted you or dropped your charges, the charges will remain as a record showing you tend to face the same felony charges several times. This can be a coincidence, but the bail amount will increase. Also, every conviction for a past felony charge will increase the bail value and the maximum potential sentence.

Likewise, your history of attending court may affect the bail value. If you have a steady history of attending all court dates as required in your past charges, the judge will let you post bail on your felony charges. They may even set a lower amount than what appears on the bail schedule because they will be confident you will make court appearances once released. However, if you had failed to make court appearances before, mainly if it occurred many times, the judge would increase the bail amount. Or they even deny you bail. This could happen even if the court finds you not guilty each time.

Flight Risk

When the judge perceives you as a possible flight risk, they can deny you bail or impose a higher amount. They do this to prevent any attempt by you to flee the jurisdiction before your trial. Remember, felony bail is a guarantee you will make court appearances. If the judge believes you possess the ability or incentive to flee, they may not let you out of jail pretrial. Or if the judge allows you out of jail after setting a higher bail amount, they may set conditions to reduce your risk of leaving town. These include:

• Surrendering your passport
• Limiting your movement to a given geographic zone, such as your home city or state
• Installation of an electronic monitor or placement under house arrest

One of the things judges consider when determining the level of your flight risk is your community ties. If you have stable employment, family, residence, or business, the judge will see you will not leave all that behind and flee. Also, your relationships within the community will determine whether you are a high or low-flight risk. For example, if you do charity work in your community and people warm up to you, the judge might consider having strong family and community ties.

These connections may result in the judge granting bail and even setting a lower amount. They will do this because they see a higher chance you will adhere to the conditions of your pretrial release and make court appearances so you do not risk losing everything.

Judges also look at your conduct in court, cooperation with the police, and the support you receive from friends and family. All these elements help the judge tell your character and, therefore, the possibility of complying with bail conditions.

The primary concern is usually always the likelihood that you will flee the jurisdiction. However, judges try to set reasonable bail amounts based on the case facts to avert flight while not being overly harsh.

Threat to Public Safety

The general public's safety is another significant factor when deciding whether or not to grant felony bail. The judge will likely consider the threat you pose to the public by examining your case facts. If you face charges for crimes like armed robbery, murder, or assault, the judge may consider you a threat to society. They may presume that if released, you will harass the victim or intimidate witnesses.

Thus, if the judge believes you pose a higher threat to public safety, they will likely deny you bail so you are not let out. The objective here is to prevent any potential harm you might cause to the general public. The reasoning behind it is that, at times, an individual accused of violence can be dangerous to other people in society.

However, if you can prove that your release on bail will not place you and other people in danger, you should be able to post bail for your felony offense.

The Felony Bail Schedule 

Every California county has its own misdemeanor and felony bail schedule. The schedule recommends bail values a defendant must pay based only on criminal charges. It serves as the initial point, although a judge can deviate down or up depending on the abovementioned factors.

Bail Enhancement Factors That Will Automatically Increase the Value

As stated, judges first consider the amount recommended on the county bail schedule and the above factors for any particular felony. However, some specific scenarios and circumstances make them automatically add substantial enhancement, increasing the actual bail value set. These include:

Arrested for Separate Crime When Out on Bail

If the police arrest you for a new felony while you are already out on bail for another crime, the judge will likely consider that a basis for ordering a bail amount enhancement. Facing charges for another serious offense while on pretrial release can damage your reliability and trustworthiness.

It might convince the judge that they must impose a higher bail amount this time around to guarantee your attending court dates. Alternatively, the judge could deny you bail entirely after the police rearrest you. That means you will sit in jail until your trial for the two charges ends.

Past Convictions for Violent or Serious Felony Offenses

If you have past convictions for violent felony offenses on your criminal record, the judge may decide to increase your bail value. Examples of violent felonies These, in this case, include attempted murder, murder, armed robbery, rape, arson, or kidnapping. And if you have a proven history of perpetrating serious offenses, the judge will view you as posing a greater risk to the public if they release you on bail. They may impose a substantial bail to ensure public protection and your promise to attend court.

Gang Affiliations and Activity

Having proven or suspected close associations with organized criminal activities and gangs can justify judges increasing bail far beyond the amount indicated on the bail schedule. Confessed or known gang affiliation or membership may persuade the judge that you pose a great threat of further violence or intimidating witnesses if released pretrial. That, in turn, warrants an increment in bail amount.

In situations where aggravating circumstances are evident, the bail amount for felony charges can be higher than the usual value for the supposed offense. Still, the constitutional prohibition on imposing excessive bail provides checks and balances against increasing bail to ridiculous amounts without good reason.

Judges, indeed, have the discretion to set appropriate bail amounts. However, the constitution prohibits them from setting higher amounts beyond reasonable for the supposed offense and involved risk factors. For only the most violent and serious offenses, such as murder in the first degree, judges can decline to grant bail altogether. They can do so if they see that no money amount would guarantee your attending court and public safety.

However, for felony crimes that do not fall under the category of the most extreme offenses, the state law still allows arrestees to post bail pending trial.

Typical Bail Values or Most Prevalent Felony Charges

As mentioned, bail enhancements can dramatically increase bail amounts in given circumstances. However, most individuals arrested for various felonies with no major aggravating factors can anticipate the judge to set bail somewhere in these general ranges:

• Serious but noncapital crimes like armed robbery, aggravated assault, rape, and other sexual crimes: $50,000 to $250,000
• Mid-level crimes like possession of stolen property, burglary, weapons charges, DUI felony, and unarmed robbery: $25,000 to $75,000
• Grave and violent felonies, such as voluntary manslaughter and kidnapping: $250,000 to $1,000,000
• Nonviolent felonies such as credit card fraud, identity theft, and grand theft auto: $15,000 to $30,000
• Capital murder: one million dollars and above

As is evident above, bail amounts for felony crimes involving reckless endangerment of public safety, significant financial losses, violence, or weapon use are higher. However, securing pretrial release remains possible for many subject to felony charges under California law. That is particularly so with legal help, financial resources, and proper preparation. If you cannot afford the bail money, you can hire a local bondsman to help you pay it.

Navigating the Bonds Process With Felony Charges

Once the judge sets bail during your arraignment, your next move is to figure out how you will pay money. For most accused people, this entails hiring a professional local bail bond agency. Using a bail bondsman entails paying a nonrefundable fee, but you will secure your release without providing the entire bail money upfront.

Here is how a bail bonds process in California works:

• The bondsman will request an upfront charge, often 10% of the full bail amount. For example, if the bail is $100,000, the bondsman will charge you $10,000. Remember that this fee remains nonrefundable even if the prosecutor drops your charges or the judge acquits you of all charges.
• The bondsman might also request collateral. They can confiscate the collateral should you fail to attend court as required. Collateral could include cash, real estate, a car, bank accounts, jewelry, or other valuable property. The collateral will cover the outstanding 85% to 95% bail balance.
• Most bond agencies also require co-signers on the bail bond contract. If you miss court, a cosigner will be jointly responsible for paying the bail value. Co-signers must meet particular financial criteria or undergo credit and background checks.
• Your bondsman will then review your background as the defendant. They will check for any outstanding warrants or pending charges against you in other jurisdictions. They will also scrutinize your:
• Address history,
• Community ties,
• Employment status and
• other red flags for flight risk.

You will have the best odds of a bail bond approval if the bondsman considers you to have:

• A minimal flight risk,
• Strong family and community ties,
• Steady employment,
• a creditworthy cosigner and
• Valuable collateral,

Once the bondsman has approved your bond, they will go to court and deposit the amount. Your release will then be processed. It can take thirty minutes to two hours for you to be released based on how busy the jail facility is and the circumstances surrounding your case.

You must make court appearances after your release. Failure to do so will lead to the bondsman losing the bond money to the court. This could cause more problems for you. For one, you will lose the valuable collateral you had provided, as the bondsman may sell it to cover the bond money. Alternatively, if you have a cosigner, the bondsman can pursue them to pay the bail amount. This will, without a doubt, create a sense of untrustworthiness and disputes between you and your loved ones.

Paying 10 percent of a seven- or six-figure bail value is still costly to many people. However, it is better than paying the full bail to secure your release. However, for accused people with low earnings, no job, or lack property or willing co-signers, even raising 10% might be impossible.

Find an Experienced Bail Bonds Service Near Me

Being subject to felony charges is severe, as your future is on the line. The stakes are high at all stages of the criminal justice system, starting with bail and pretrial release. Bail amounts for felony charges are usually so high that you may lack the financial means to cover them. However, you can successfully secure your pretrial release with the help of a reliable bail bonds company.

At Justice Bail Bonds, we have helped many defendants confidently navigate the intricate legal system, ensuring they can post bail. We will be happy to help you, too. We will answer all your questions and handle your case with the sensitivity and care it deserves. Moreover, we accept various payment options to make our services accessible.

Even better, our experienced bondsmen can develop a payment plan that meets your budget and needs. That means you will not have to stay in custody while waiting for trial. If you have been charged in Temecula, CA, please call us today at 714-541-1155 to start bond processing.