In California, bail is a financial amount set by the court to help ensure that a person accused of a crime appears at all required court hearings. Posting bail allows a defendant to remain out of custody while their criminal case is pending.
In most cases, bail is initially determined using a county-specific bail schedule, which assigns preset bail amounts based on the type and severity of the alleged offense. In Orange County, this schedule is commonly used for DUI charges, misdemeanors, and certain felony offenses.
If bail is posted, the defendant is released with the obligation to appear at all future court dates. Failure to appear may result in forfeiture of bail and the issuance of a bench warrant, which can lead to re-arrest and additional penalties.
If a person is unable to post bail, they may remain in custody until their arraignment or a bail hearing. In some cases, the court may grant release on own recognizance (O.R.), meaning the defendant is released without paying bail based on factors such as criminal history, flight risk, and ties to the community.
A criminal defense or DUI attorney can request a bail reduction or a bail review hearing. When deciding bail issues, the court may consider the defendant’s background, employment, family responsibilities, and the circumstances of the arrest.
Learn more about how bail works in California criminal cases
