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Page 4 of 4 2006 MISDEMEANOR / INFRACTION BAIL SCHEDULE A. Determining Misdemeanor Bail - Bail shall be determined by first using the amount set forth in this schedule (Penal Code section 1269b).
- 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
- 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.
B. Determining Infraction Bail - The most current publication of the Judicial Council Uniform Bail and Penalty Schedule is hereby adopted and incorporated by reference.
- 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.
- For those infractions not set forth in the Judicial Council Bail Schedule in which the statute reflects a minimum and maximum fine (e.g. “A fine of not less than XXX and not more than XXXâ€), the bail shall be at the minimum fine amount.
- For those infractions not set forth in the Judicial Council Bail Schedule in which the 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 $100â€). The bail shall be set at $50, as referenced under the provisions of number 2 above.
- 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.
- 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.
1 The Judicial Council Uniform Bail and Penalty Schedule may be located on the court website at www.occourts.org. C. 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: - The staff will present to the chairperson of the Uniform Bail Procedure Committee all proposed interim changes to the approved bail schedule.
- When the changes have been approved, a revised page for the bail schedule will be distributed to all agencies holding authorized copies.
D. 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. E. 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 | VIOLATION | DESCRIPTION | BAIL | | pc 166 | Contempt | $15,000 | | pc 243 | Battery against peace officer | $2,500 | | pc 243(e)(1) | Battery against spouse; others | $10,000 | | pc 273.6 | Violation of protective order, temporary restraining order, or injunction | $15,000 | | pc 273.65(a) | Violation of protective order related to children | $15,000 | | pc 368(b)(1)(c) | Abuse of elder/dependent adult w/injury | $10,000 | | pc 368(d)(3) | Abuse of elder/dependent adult; theft/embezzlement | $10,000 | | pc 647(a) | Lewd conduct in public place | $1,000 | | pc 647(b) | Prostitution 2nd offense 3rd offense | $1,000 $2,500 $5,000 | | pc 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 | VIOLATION | DESCRIPTION | BAIL | | hs 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 | VIOLATION | DESCRIPTION | BAIL | | vc 14601.2 (a) ,(b) | Suspended license-DUI | $2,500 | | vc 14601.3 | Habitual traffic offender | $2,500 | | vc 23152 (a) ,(b), (c) | DUI-1st offense | $2,500 | | | DUI-2nd (within 10 yrs.) | $10,000 | | | DUI-3rd (within 10 yrs.) | $15,000 | | | DUI-4th (within 10 yrs.) (A felony see page 7) | | | vc 23153 (a) ,(b),(d) | DUI with injury 1st offense 2nd offense (within 10 yrs) | $25,000 $25,000 |
* Bail shall NOT be doubled pursuant to VC 42009 & 42010. Toll Free: 888-SOS-BAIL or 888-767-2245
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