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2019 Orange County, CA Bail Schedule

Posted by Wais Azami | Apr 24, 2019 | 0 Comments

https://www.occourts.org/directory/criminal/felonybailsched2019.pdf

The above link lists the bail schedule for various violations in Orange County, California.  

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE FELONY BAIL SCHEDULE

PENAL CODE SECTION

OFFENSE BAIL

114

Using false documents to conceal true citizenship

50,000

182

Conspiracy

Same as substantive offense

187

Murder - with special circumstance

No bail

All other murders

1,000,000

191.5

Vehicular homicide (DUI with gross negligence)

100,000

192(a)

Manslaughter - voluntary

100,000

192(b)

Manslaughter - involuntary

25,000

192(c)(1)

Manslaughter - driving vehicle with gross negligence

100,000

192(c)(2)

Vehicular homicide (without gross negligence)

100,000

192(c)(3)

Vehicular homicide (accident caused for financial gain)

100,000

203

Mayhem

100,000

205

Aggravated mayhem (life)

1,000,000

207

Kidnapping

100,000

207(b)

Kidnapping victim under 14 years of age

500,000

209(a)

Kidnapping for ransom or extortion (life)

1,000,000

209(b)

Kidnapping for robbery (life)

1,000,000

209.5

Kidnapping during a carjacking (life)

1,000,000

210.5

False imprisonment - kidnap to evade arrest

1,000,000

211

Robbery

212.5(a)(b) – First Degree

100,000

212.5(c) - Second Degree

50,000

215

Carjacking

100,000

219

Train wrecking (life)

1,000,000

3

PENAL CODE

PENAL CODE SECTION

OFFENSE

BAIL

220(a)

Assault with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Penal Code section 264.1, 288 or 289

Same as substantive offense

220(b)

Assault with intent to commit sexual offense, or any violation of Penal Code section 264.1, 288 or 289 during the commission of 1st degree burglary (life)

1,000,000

236.1(b)

Human Trafficking

250,000

237(b)

False imprisonment - elder or dependent person

50,000

243

Battery

243(c) upon peace officer, etc. with injury

20,000

243(d) with serious bodily injury

25,000

243.4

Sexual battery

25,000

245(a)(1)

Assault with deadly weapon or instrument other than a firearm

25,000

245(a)(2)

Assault with a firearm

50,000

245(a)(3)

Assault with a machinegun or assault weapon

70,000

245(a)(4)

Assault on a person by means of force likely to produce G.B.I

25,000

245(c)

Assault with deadly weapon other than a firearm or force likely to produce G.B.I. upon a peace officer or firefighter

50,000

245(d)(1)

Assault with a firearm upon a peace officer or firefighter

100,000

245(d)(2)

Assault with a semiautomatic upon a peace officer or firefighter

100,000

246

Shooting at inhabited dwelling, building, occupied motor vehicle

250,000

246.3

Discharge of firearm - gross negligence

25,000

261

Rape

100,000

261.5(c)

Unlawful sexual intercourse with person under 18 years of age

20,000

262

Spousal rape

100,000

264.1

Rape in concert with force & violence

100,000

266h

Pimping

35,000

266h(b)(1)

Pimping for prostitute minor over 16 years of age

35,000

PENAL CODE

PENAL CODE SECTION

OFFENSE

BAIL

266h(b)(2)

Pimping for prostitute under 16 years of age

45,000

266i

Pandering

35,000

273a(a)

Willful harm or injury to child likely to produce G.B.I.

100,000

273d(a)

Corporal punishment or injury of child

50,000

273.5

Corporal injury of spouse, cohabitant former spouse or cohabitant or mother or father of his or her child

50,000

With prior conviction within 7 years under 273.5(f)

100,000

278

Child stealing

25,000

286

Sodomy

286(b)(1)

If victim under 18 years of age

50,000

286(b)(2)

If victim under 16 and defendant over 21 years of age

50,000

286(c)

If victim under 14 and defendant more than 10 years older than victim or defendant compelled another by force, duress or threats of great bodily injury

100,000

286(d)

If in concert with force and violence

100,000

286(e)

If committed in state prison or jail

50,000

286(f) & (g)

If victim unconscious or nature of act/incapable of consent

100,000

287

Oral copulation

287(b)(1)

If victim under 18 years of age

50,000

287(b)(2)

If victim under 16 and defendant over 21 years of age

50,000

287(c)

If victim under 14 and defendant more than 10 years older than victim or defendant compelled another to participate by force, duress or threats of G.B.I.

100,000

287(d)

If in concert with force and violence

100,000

287(e)

If committed in state prison or jail

50,000

287(f) & (g)

If victim unconscious of nature of act/incapable of consent

100,000

288(a)

Lewd act with child under 14 years of age

100,000

288(b)(1) & (2)

Lewd act with child under 14 years with force

100,000

5

PENAL CODE

PENAL CODE SECTION

OFFENSE

BAIL

288.3(a)

Contacting, communicating with a minor with intent to commit the following offenses specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former section 288a, involving the minor

100,000

288.7

Sexual intercourse with child 10 years of age or younger

1,000,000

289

Penetration by foreign object

100,000

314.1

Indecent exposure

20,000

368(b)(1)

Elder abuse

50,000

422

Criminal threats

50,000

451(a)

Arson causing G.B.I.

100,000

451(b)

Arson, inhabited structure

250,000

451(c)

Arson, structure or forest land

50,000

452(a)

Recklessly causing fire with G.B.I.

50,000

454

Arson during state of emergency

150,000

459

Burglary

Residential

50,000

464

Burglary with explosives

50,000

487

Grand theft

20,000

Or amount of theft, whichever is higher

504, 504a, 504b, 505, 506, 514

Embezzlement

20,000

Or amount stolen, whichever is higher

518, 522, 523

Extortion

20,000

548

Defrauding insurer

30,000

Or amount taken, whichever is greater

646.9(a)

Stalking

20,000

646.9(b)

Stalking / with temporary restraining order

100,000

6

PENAL CODE

PENAL CODE SECTION

OFFENSE

BAIL

646.9(c)

Stalking / with designated prior

150,000

647.6

Child molestation with specified prior

100,000

653f(b)

Solicit murder

1,000,000

653f(c)

Solicit rape, etc.

100,000

664(a)

Attempt where completed crime punishable by state prison except for attempted murder

Same as substantive offense

664/187

Attempted murder

500,000

Willful & premeditated

1,000,000

666

Petty theft with prior conviction for petty theft on which time was served

20,000

1551.1

Fugitive: Arrest without warrant

Bail amount as set by the demanding state.

If no bail amount set by the demanding state, including those indicating No Bail or No Bond, set per the UBS for the accused crime, or $100,000, whichever is greater.

Fugitive: Post-Conviction

No Bail

1552.1

Fugitive: Governor's Warrant

Bail amount as stated onGovernor's Warrant. If no amount stated onGovernor's Warrant, set per the UBS for the accused crime, or 100,000, whichever is greater.

Fugitive Governor's Warrant: Post-Conviction

No Bail

4530

Escape, attempted escape from prison with or without force or violence

50,000

4532(a)

Escape, attempted escape by misdemeanant, inebriate, or person on work furlough from jail, industrial farm, etc.

50,000

Plus bail amount on original charge

4532(b)

Escape, attempted escape by felon from jail, industrial farm, etc.

(Convicted)

No bail

(Not convicted)

100,000

plus bail amount on original charge

4573

Bringing controlled substance into jail

25,000

4574

Smuggling weapon into jail or prison

50,000

11418

Possession, etc. weapons of mass destruction (except (b)(1)

500,000

11418(b)(1)

Employ weapon of mass destruction-cause of death (life)

1,000,000

11419

Weapons of mass destruction and biological agents

500,000

18715(a)

Possession of destructive devices or explosives in public or private place

500,000

18720

Possession of materials with intent to make destructive device or explosive

150,000

18725(a),(b) or (c)

Carrying or placing explosive on common carrier

500,000

18740

Possession of exploding or destructive device or explosive with intent to injure

1,000,000

18745

Exploding destructive device or explosive with intent to murder (life)

1,000,000

18750

Unlawful explosion causing bodily injury

500,000

25400(c)(1)

Concealed weapon on person or in vehicle without license w prior felony conviction or prior violation of deadly weapons act

20,000

25400(c)(5)

Concealed weapon on person with prior conviction of crimes against person, property, or involving drugs

20,000

25850(a)

Possession of a loaded firearm

20,000

26100(c)

Personally shooting from motor vehicle

250,000

31360(a)

Felon with body armor

50,000

VEHICLE CODE

VEHICLE CODE SECTION

OFFENSE

BAIL

2800.2

Attempting to evade peace officer while driving recklessly

50,000

2800.3

Willful flight causing GBI Willful flight causing death

150,000 250,000

2800.4

Evading a peace officer, driving in opposite direction of lawfully moving traffic

100,000

10801

Owning or operating a chop shop

50,000

10851(a)

Driving car without consent

20,000

10851(b),(e)

Driving car without consent Specified vehicles, 666.5 prior

25,000

20001

Hit and run: personal injury / death

50,000

23152

Driving under the influence of alcohol or drugs (prior to 1-1-2014) If a felony per Vehicle Code section 23550 or 23550.5

50,000

23152 (a-b)

Driving under the influence of alcohol (on or after 1-1-2014)

50,000

23152(c)

Driving when addicted to drugs

50,000

23152(d)

Driving commercial vehicle with .04% or more

50,000

23152(e)

Driving a motor vehicle with.04% or more with a passenger for hire in the vehicle (on or after 7/1/2018)

50,000

23152(e)

Driving under the influence of drugs (on or after 1-1-2014 through 12-31-2016)

50,000

23152(f)

Driving under the influence of drugs (on or after 1-1-2017)

50,000

23152(f)

Driving under the combination of alcohol or drugs (on or after 1-1- 2014 through 12-31-2016)

50,000

23152(g)

Driving under the combination of alcohol or drugs (on or after 1-1- 2017)

50,000

23153

Driving under the influence of alcohol or drugs: bodily injury (prior to 1-1-2014)

100,000

23153 (a-b)

Driving under the influence of alcohol: bodily injury (on or after 1-1- 2014)

100,000

23153(d)

Driving commercial vehicle with .04% or more: bodily injury (Felony only) (on or after 1-1-2014)

100,000

23153(e)

Driving a motor vehicle with.04% or more with a passenger for hire in the vehicle (on or after 7/1/2018)

100,000

23153(e)

Driving under the influence of drugs: bodily injury (on or after 1-1- 2014 through 12-31-2016)

100,000

23153(f)

Driving under the influence of drugs: bodily injury (on or after 1-1- 2017)

100,000

23153(f)

Driving under the combination of alcohol or drugs: bodily injury (on or after 1-1-2014 through 12/31/2016)

100,000

23153(g)

Driving under the combination of alcohol or drugs: bodily injury (on or after 1-1-2017).

100,000

HEALTH AND SAFETY CODE

HEALTH & SAFETY CODE SECTION

OFFENSE

BAIL

11350

Illegal possession of certain specific or classified controlled substances

20,000

11351

Possession or purchase for sale of certain specific or classified controlled substances

25,000

More than 8 oz. [1/2 pound] [226 grams]

50,000

More than 1 lb. [16 oz.] [454 grams]

100,000

1 kg. [2.2 lbs.]

500,000

4 kg. [8.8 lbs.]

1,000,000

10 kg. [22 lbs.]

2,000,000

20 kg. [44 lbs.]

3,000,000

40 kg. [88 lbs.]

4,000,000

80 kg. [176 lbs.]

5,000,000

11351.5

Possession or purchase for sale of cocaine base

30,000

More than 8 oz. [1/2 pound] [226 grams]

50,000

More than 1 lb. [16 oz.] [454 grams]

100,000

More than 1 kg. [2.2 lbs.]

500,000

11352

Illegal transportation, sale, furnishing of certain specific or classified controlled substances

30,000

More than 8 oz. [1/2 pound] [226 grams]

50,000

More than 1 lb. [16 oz.] [454 grams]

100,000

1 kg. [2.2 lbs.]

500,000

4 kg. [8.8 lbs.]

1,000,000

10 kg. [22 lbs.]

2,000,000

20 kg. [44 lbs.]

3,000,000

40 kg. [88 lbs.]

4,000,000

80 kg. [176 lbs.]

5,000,000

11353

Person 18 years or over using minor in sale, transportation, or giving to a minor certain specific or classified controlled substances

50,000

11353.5

Adult preparing to sell to minor drugs or narcotics

50,000

11

HEALTH AND SAFETY CODE

HEALTH & SAFETY CODE SECTION

OFFENSE

BAIL

11358(d)

Marijuana: cultivate, process

20,000

If over 25 lbs. [11 kg] [340 grams]

50,000

11359(c-d)

Marijuana, possession for sale

25,000

If over 25 lbs. [11 kg] [340 grams]

50,000

If over 50 lbs. [22 kg] [680 grams]

100,000

11360(a)(3)

Marijuana: transportation, sale, furnishing

25,000

If over 25 lbs. [11 kg] [340 grams]

50,000

If over 50 lbs. [22 kg] [680 grams]

100,000

11361

Marijuana: person 18 years or over using minor under 14 years of age in sale, transportation, giving to minor

50,000

If over 50 lbs. [22 kg] [680 grams]

100,000

11377

Possession of controlled substances

20,000

11378

Possession of controlled substances for sale

25,000

More than 8 oz. [1/2 pound] [226 grams]

50,000

More than 1 lb. [16 oz.] [454 grams]

100,000

1 kg. or 30 liters [2.2 lbs.] [30 liters]

500,000

4 kg. or 100 liters [8.8 lbs.] [100 liters]

1,000,000

10 kg. or 200 liters [22 lbs.] [200 liters]

2,000,000

20 kg. or 400 liters [44 lbs.] [400 liters]

3,000,000

11378.5

Possession or purchase for sale of PCP

30,000

If over 1 gallon liquid or 8 oz. powder

50,000

1 kg. or 30 liters [2.2 lbs.] [30 liters]

500,000

4 kg. or 100 liters [8.8 lbs.] [100 liters]

1,000,000

10 kg. or 200 liters [22 lbs.] [200 liters]

2,000,000

20 kg. or 400 liters [44 lbs.] [400 liters]

3,000,000

11379

Sale of controlled substances

25,000

More than 8 oz.

50,000

More than 1 lb.

100,000

1 kg. or 30 liters [2.2 lbs.] [30 liters]

500,000

4 kg. or 100 liters [8.8 lbs.] [100 liters]

1,000,000

10 kg. or 200 liters [22 lbs.] [200 liters]

2,000,000

20 kg. or 400 liters [44 lbs.] [400 liters]

3,000,000

11379.5

Sale of PCP

30,000

If over 1 gallon liquid or 8 oz. powder

50,000

1 kg. or 30 liters [2.2 lbs.] [30 liters]

500,000

4 kg. or 100 liters [8.8 lbs.] [100 liters]

1,000,000

10 kg. or 200 liters [22 lbs.] [200 liters]

2,000,000

20 kg. or 400 liters [44 lbs.] [400 liters]

3,000,000

11379.6(a)

Manufacture of any controlled substance

75,000

11379.7

Violation of (or attempt) Penal Code section 11379.6 or 11383

When child under 16 present

100,000

When child under 16 suffers G.B.I.

500,000

11379.8

Violation of section 11379.6

If over 1 lb. or 3 gallons

100,000

If over 3 lbs. or 10 gallons

500,000

If over 10 lbs. or 25 gallons

1,000,000

If over 44 lbs. or 105 gallons

2,000,000

11380

Soliciting minor re controlled substances

50,000

11383(a)

Possession of precursors with intent to manufacture methamphetamine

50,000

11383(b)

Possession of precursors with intent to manufacture PCP

50,000

2019 MISDEMEANOR / INFRACTION BAIL SCHEDULE

  1. Determining Misdemeanor Bail
    1. Bail shall be determined by first using the amount set forth in this schedule (Penal Code section 1269b(c)).
    2. If the violation is not specifically set forth in this schedule, then bail shall be the amount set forth in the most current publication of the Judicial Council Uniform Bail and Penalty Schedule (Rule 4.102, California Rules of Court). 1
    3. If bail cannot be set under the provisions of number 1 and 2 above, then the bail shall be $500 for all violations of statutes, regulations or ordinances.
  2. Determining Infraction Bail
    1. Bail shall be determined by first using the most current publication of the Judicial Council Uniform Bail and Penalty Schedule is hereby adopted and incorporated by reference.
    2. If bail cannot be set under the provisions of number 1 above, then the bail shall be $50 for all violations of statutes, regulations or ordinances, except that if the minimum fine for the offense is greater than or less than $50 the bail shall be the amount of the minimum fine.
    3. For those infractions not set forth in the Judicial Council Bail Schedule in whichthe statute reflects a minimum and maximum fine (e.g. “a fine of not less than XXX and not more than XXX”), the bail shall be at the minimum fine amount.
    4. For those infractions not set forth in the Judicial Council Bail Schedule in whichthe statute reflects a “fine of not to exceed XXX” and the amount is greater than $50, then the bail shall be set at $50 (e.g. “a fine not to exceed $100”). The bail shall be set at $50, as referenced under the provisions of number 2 above.
    5. If the infraction penalty statute requires a sentence, in addition to a monetary fine, the infraction shall require a mandatory appearance to enable the judicial officer to impose the full sentence (with the exception of VC 22349(a-b) and VC 22350 when speed exceeds 25 MPH over the speed limit).
    6. If a sentence reflects a fine or an alternative, (e.g. community service) the infraction penalty statute shall require a mandatory appearance to permit judicial discretion in the sentencing.
  3. Revisions/Additions to Misdemeanor/Infraction Schedule The following procedure is established to make interim changes to the bail schedule without a formal meeting of the bail committee:
    1. The staff will present to the chair of the Uniform Bail Procedure Committee all proposed interim changes to the approved bail schedule.
    2. When the changes have been approved, a revised page for the bail schedule will be distributed to all agencies holding authorized copies.

1 The Judicial Council Uniform Bail and Penalty Schedule may be located on the court website atwww.occourts.org.

  1. Additions to Superior Court Case Management System When it is necessary to add a new violation to the Superior Court case management system bail maintenance table, court staff will refer to Section A and B above.
  2. Bail Limit for Multiple Felony / Misdemeanor Offenses The highest bail amount for any one offense will apply.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

MISDEMEANOR BAIL SCHEDULE UNLISTED PENAL CODE MISDEMEANOR - $500.00

PENAL CODE VIOLATION

DESCRIPTION

BAIL

166

Contempt

$15,000

243

Battery against peace officer

$2,500

243(e)(1)

Battery against spouse; others

$10,000

273.5(a)

Corporal injury to spouse; cohabitant; others

$10,000

273.6

Violation of protective order, temporary restraining order, or injunction

$15,000

273.65(a)

Violation of protective order related to children

$15,000

368(b)(1)(c)

Abuse of elder/dependent adult w/injury

$10,000

368(d)

Abuse of elder/dependent adult; theft/embezzlement

$10,000

647(a)

Lewd conduct in public place

$1,000

647(b)

Prostitution

$1,000

2nd offense

$2,500

3rd offense

$5,000

653m

Annoying communications

$1,000

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE MISDEMEANOR BAIL SCHEDULE HEALTH & SAFETY CODE

UNLISTED HEALTH & SAFETY CODE MISDEMEANOR - $500.00

H& S VIOLATION

DESCRIPTION

BAIL

11350

Illegal possession of certain specific or classified controlled substances

2nd & subsequent violations

$2,500 $10,000

11377

Possession of controlled substances 2nd & subsequent violations

$2,500 $10,000

11550

Narcotic addict 2nd & subsequent violations

$1,000 $2,500

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE MISDEMEANOR BAIL SCHEDULE

VEHICLE CODE Unlisted Vehicle Code Misdemeanor - $500.00

VEHICLE CODE VIOLATION

DESCRIPTION

BAIL

14601.2(a),(b)

Suspended license-DUI

$2,500

14601.3

Habitual traffic offender

$2,500

*23152(a-b)

DUI 1ST offense (prior to 1-1-2014 alcohol or drugs) (On or after 1-1-2014, alcohol only)

$2,500

DUI 2nd offense (prior to 1-1-2014 alcohol or drugs) (On or after 1-1-2014, alcohol only-within 10 years)

$10,000

DUI 3rd offense (prior to 1-1-2014 alcohol or drugs) (On or after 1-1-2014, alcohol only-within 10 years)

$15,000

DUI 4th offense (prior to 1-1-2014 alcohol or drugs) (On or after 1-1-2014, alcohol only-within 10 years) (A felony, see page 9)

$50,000

23152(c)

Driving when addicted to drugs

$2,500

23152(d)

Driving commercial vehicle with .04% or more

$2,500

23152(e)

Driving a motor vehicle with.04% or more with a passenger for hire in the vehicle (on or after 7/1/2018)

$2,500

23152(e)

DUI 1ST offense, drugs only (on or after 1-1-2014 through 12-31-2016)

$2,500

23152(f)

DUI 1ST offense, drugs only (on or after 1-1-2017)

$2,500

23152(f)

DUI 1ST offense, combination of alcohol or drugs (on or after 1-1-2014 through 12-31-2016)

$2,500

23152(g)

DUI 1ST offense, combination of alcohol or drugs (on or after 1-1-2017)

$2,500

23153 (a-b)

Driving under the influence of alcohol: bodily injury (on or after 1-1-2014)

$25,000

23153(e)

Driving a motor vehicle with.04% or more with a passenger for hire in the vehicle (on or after 7/1/2018)

$25,000

23153(e)

Driving under the influence of drugs: bodily injury (on or after 1-1-2014 through 12-31-2016)

$25,000

VEHICLE CODE VIOLATION

DESCRIPTION

BAIL

23153(f)

Driving under the influence of drugs: bodily injury (on or after 1-1-2017)

$25,000

23153(f)

Driving under the combination of alcohol or drugs: bodily injury (on or after 1-1-2014 through 12-31-2016)

$25,000

23153(g)

Driving under the combination of alcohol or drugs: bodily injury (on or after 1-1-2017)

$25,000

23153 (a), (b), (e), (f)

DUI with injury, 2ND offense (within 10 years – before 12-31-2016)

$25,000

23153 (a), (b), (f), (g)

DUI with injury, 2nd offense (within 10 years – on or after 1-1-2017)

$25,000

* Bail shall NOT be doubled pursuant to VC 42009

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE.  Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.  Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

About the Author

Wais Azami

Orange County Criminal Law Attorney Blue-collar fight with a white-collar style. As a local criminal defense attorney in Garden Grove, I offer strong yet affordable representation to the people of Orange County, LA County, Inland Empire and the surrounding areas. Most of my clients have famil...

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