Which criminal charges require bail in San Diego County?
If you are wondering “Which criminal charges require bail in San Diego County?”, you are not alone. Many people feel confused after an arrest, especially when they hear the word “bail.” Bail is the money or promise given to the court to allow someone to leave jail while waiting for trial. In this guide, we will explain in very simple words which crimes usually require bail, how bail amounts are set, and what to expect in San Diego County.
What Is Bail?
Bail is not a punishment. Instead, it is a guarantee that the person arrested will return to court. If they attend all their hearings, the bail money can be returned (minus small fees). If they do not, bail is lost and the judge can issue a warrant for their arrest.
Why Bail Exists
Bail gives people a chance to:
- Stay out of jail while waiting for trial
- Keep working at their jobs
- Support their families
- Prepare their defense with a lawyer
Without bail, many people would have to wait in jail for weeks or months.
The Bail Schedule in San Diego County
San Diego County has a bail schedule. This is a list created by judges that sets standard bail amounts for different crimes. Police and courts use this schedule to decide how much bail is required after an arrest.
For example:
- A minor theft may have a bail of a few thousand dollars.
- A serious crime like robbery may have bail set at tens of thousands.
- Very violent crimes can have bail in the hundreds of thousands—or sometimes no bail at all.
Crimes That Usually Require Bail
Here are some common criminal charges in San Diego County that normally require bail:
1. Driving Under the Influence (DUI)
- First-time DUI often requires bail, usually a smaller amount.
- Repeat DUI offenses may have higher bail because they are seen as more dangerous.
2. Theft and Burglary
- Shoplifting and petty theft often require bail, though the amount is smaller.
- Residential burglary (breaking into a home) is a serious crime and requires higher bail.
3. Drug Crimes
- Possession of illegal drugs may require bail.
- Selling or trafficking drugs usually comes with higher bail amounts.
4. Assault and Battery
- Simple assault may have moderate bail.
- Assault with a deadly weapon or causing serious injury requires higher bail.
5. Domestic Violence
- Domestic violence charges almost always require bail. Judges may also set conditions, such as no contact with the alleged victim.
6. Robbery and Armed Robbery
- These are serious felonies. Bail is often very high, sometimes more than $50,000.
7. Weapons Charges
- Carrying illegal firearms or using weapons in a crime usually requires significant bail.
8. White-Collar Crimes
- Fraud, embezzlement, or identity theft cases may also require bail, depending on the amount of money involved.
Crimes That May Not Allow Bail
In some cases, judges may decide no bail is allowed, meaning the person must stay in jail until trial. This usually happens when:
- The crime is very serious (like murder).
- The person is considered a danger to the community.
- The person is likely to run away and not return to court.
How Bail Amounts Are Decided
The bail schedule gives a standard amount, but judges can raise or lower bail at the arraignment (first court hearing). Judges look at:
- The seriousness of the crime
- The defendant’s criminal history
- If the person is a risk to the community
- If the person is likely to return to court
How to Pay Bail
In San Diego County, bail can be paid in three ways:
- Cash bail – Paying the full amount directly to the court.
- Bail bond – Using a bail bondsman, who charges about 10% of the total bail.
- Property bond – Using property, such as a home, as collateral.
Most people use bail bondsmen because bail amounts are often very high.
Release Without Bail (Own Recognizance)
For smaller crimes or first-time offenders, the judge may allow release on own recognizance (O.R.). This means the person is released without paying bail but promises to attend all court dates. If they fail to return, they can be arrested again.
Conditions of Bail
When bail is granted, the judge may set conditions, such as:
- No contact with victims or witnesses
- No drugs or alcohol (especially for DUI cases)
- Staying within San Diego County
- Checking in with a court officer
Breaking these rules can cause bail to be revoked and the person to go back to jail.
Why Lawyers Are Important in Bail Cases
A criminal defense lawyer in San Diego County can help by:
- Arguing for lower bail amounts
- Requesting bail reduction hearings
- Helping clients qualify for O.R. release
- Explaining all options for payment
Without legal help, it is harder to get bail reduced or conditions improved.
Example: DUI Case
Imagine someone is arrested for a first-time DUI in San Diego. The bail schedule may set their bail at a few thousand dollars. If they pay through a bondsman, they can go home and prepare their case instead of waiting in jail. In such situations, consulting experienced federal criminal defense lawyers can also help, especially if the charges may overlap with more serious legal issues.
Example: Armed Robbery
Now imagine someone is arrested for armed robbery. The bail schedule may set their bail at $50,000 or more. If the person has a violent history, the judge may even deny bail completely.
Final Thoughts
So, which criminal charges require bail in San Diego County? In simple words, most crimes do. Common charges that require bail include DUI, theft, burglary, drug crimes, assault, domestic violence, robbery, weapons charges, and some white-collar crimes.
However, judges can also lower bail, release someone without bail, or deny bail for very serious crimes. The exact amount depends on the bail schedule and the details of the case.
If you or someone you know is arrested in San Diego County, it is very important to stay calm, know your rights, and get help from a lawyer. Bail can give you the chance to go home, support your family, and prepare for court instead of waiting behind bars.