Getting charged with a felony is concerning even without everything that follows such a case. But, if you are wondering if you can bond out on a felony charge and plead your case while outside of jail, the answer is a qualified “yes.”
Most felony charges are within the bail schedule and already have designated ranges where the bail would be set. In the case of minor felony charges for first-time offenders with good ties to the community, you can even receive a ROR (Released on Recognizance), also called a signature bond.
On the other side, if the charges placed against you are very severe and the conditions of the case particularly heinous, there is a chance that the set bail will be significantly increased or even that you will remain in custody without bail, which is also called a “no bond order.”
Determining if You Can Bond Out on a Felony Charge
A good rule of thumb would be to consider if you planned on committing more crimes to help your current case. While this fact is not something you should disclose to anyone, you should consider if the prosecution and the court came to the same conclusion. If yes, getting a bail bond will be an issue.
For people who simply want to defend their case without losing their job, family time, or public image and would spend that time preparing a legitimate legal defense, it would assist the bail agreement if you can show your good intentions as well as your connection to the community in a positive way.
In the same way as gang affiliation and prior convictions will work against you during the bail agreement process, showing prior positive effects on the community and good standing will be beneficial.
County Felony Bail Schedules
While some counties in California such as Los Angeles have a simplified bail schedule which mostly depends on the maximum penalty for the crime for which the defendant is charged, other counties such as San Diego have a bit more complex regulation.
For instance, while a hit-and-run in San Diego can carry a sentence between a fine and 3 years in prison, the bail amount for a hit-and-run will be consistent. Under section M/20001(a)(1), the bail for a hit and run with injury will be $10,000.
But, if there was also reckless driving with injury that would be a separate offense for which the bail is $20,000. Unless shown to think otherwise, the court can add the two charges and make the bail $30,000, thus tripling the original amount.
Prior Criminal and Appearance History
There is a misconception that only convictions will count for prior history. Even if you were exonerated, the charge will stay as a record showing that you tend to be charged for the same felony multiple times. While this can be pure coincidence, the bail will usually increase because of it.
Additionally, each conviction for a prior felony will increase the bail amount as well as the maximum possible sentence. California doesn’t have the “three strikes rule” but will increase the maximum penalty for each felony, both when it comes to violent crimes and lesser infractions.
Finally, what might influence the bail amount is the record of appearing in court. If you have been diligent and have always appeared when called without any issues, it is almost certain that your bail amount will be reduced if not turned into an ROR.
But, if you failed to appear in court before, especially if it happened multiple times, the bail will be increased, and you might even receive a “no bond” order. This will happen even if you are found not guilty every time.
Severity of the Crime
Most normal people will never even be in the general area of a crime for which the bail schedule forbids bail in all cases. Even an aggravated assault on a police officer “only” holds a $25,000 bail amount.
But, for especially heinous crimes, such as those including severe victimization with mortal outcomes of minors, there will never be any bail. For innocent defendants, that is not as big of a problem because it is preferable to stay in custody and under police protection until the true offender has been found and you have cleared your name.
Take note that what you might consider a severe crime and what the court considered a severe crime, especially on less extreme levels, can differ quite significantly. For instance, making a bug to disrupt computer services in your school and embezzling $400,000 requires the same bail amount.
Additional Bail Agreement Details
While financial bonds are the primary means of making an agreement with the court that will ensure your appearance, there are also other deals that you can make. These should be discussed with your legal counsel and presented during your bail hearing.
Primarily, you might agree to turn over your passport and other travel documents that might make you a flight risk. Especially in San Diego, the risk of moving 10 miles south to Tijuana is not difficult if you have a passport.
Alternatively, you can plead to be held under house arrest until trial. Take note that house arrest is not considered to be a no-bond order, so it might not count toward your sentence if you are convicted.
When You Can Be Kept Without Bond?
The most common reason by far for a defendant to be kept in custody without bond is for prior failures to appear in court, also known as skipping bail.
Even when it comes to misdemeanors where the bail is set to minuscule amounts, such as $10, you should under no circumstance skip bail. There are legitimate reasons for not appearing, but they will be clearly delineated by your lawyer.
Skipping bail for the same felony in the past is also something that would keep you in custody. Even if you were released, or have served your time, possible repeat offenders will be viewed differently by the court.
Finally, if your financial situation is such that the scheduled bail would be a minor amount for you, there is a chance that you will be held without bail even for a moderately serious crime. In those cases, you will need to provide additional assurances to the court aside from the bail amount.