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| • Intro • Felony Bail Schedule • Misdemeanor Bail Schedule |
Orange County Rules of Application1. Rule #1The Felony Bail Schedule shall be applicable throughout Orange County and is applicable to all arrests without a warrant for bailable felony offenses. 2. Rule #2 For any felony offense not specifically listed herein, bail shall be $10,000.00. 3. Rule #3 The following felony offenses will have a bail amount equal to the substantive offense which was the object of the conspiracy, solicitation, or attempt, when the arrest is for being a principal or accessory: Section 31 PC Section 32 PC Section 182 PC Section 653f PC Section 664 PC (Example of Rule #3: Booking of 182 PC and 207 PC will have a bail amount of $50,000.00 that is equal to 207 PC) 4. Rule #4* Persons not entitled to be released on bail are those charged with: a. Capital crimes (i.e., punishable by death) when the facts are evident or the presumption great) Principal capital offenses are first degree murder under the following special circumstances: 1) Murder for financial gain 2) Murder by a convicted murderer 3) Murder of multiple victims 4) Murder by destructive device, bomb, or explosive 5) Murder to prevent lawful arrest or to escape from lawful custody 6) Murder of a law enforcement officer, fireman, prosecutor, juror, judge, or other elected or appointed public official arising out of his official duties 7) Murder of a witness in retaliation for his/her testimony or to prevent his/her testimony concerning a prior crime 8) Murder by lying in wait, poison or torture 9) Murder while committing or attempting, or fleeing from, a robbery, kidnapping, rape, sodomy, oral copulation, molestation of a child under 14, burglary, arson or trainwrecking, mayhem, carjacking 10) Murder because of the victim’s race, color, religion, nationality, or country of origin 11) Intentionally aiding and abetting or soliciting the actual killer in any of the foregoing special circumstances 12) Train wrecking; set fire to railroad bridge with death 13) Murder by discharging firearm from a vehicle b. Felony offenses involving acts of violence on another person when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or c. Felony offenses when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. (See California Constitution, Article 1, Section 12.) *NOTE: THE PRIMARY RESPONSIBILITY FOR RECOGNIZING THE EXISTENCE OF A CASE WHICH MAY POTENTIALLY FALL INTO ONE OF THE ABOVE CATEGORIES BEFORE THE FIRST COURT APPEARANCE IS ON THE ARRESTING AGENCY. In this type of case, a magistrate should be contacted before accepting bail prior to the first court appearance. This contact may be made after normal court hours through the Detention Release Officer. In noncapital murder cases the bail shall be $250,000.00 unless otherwise fixed by the magistrate. 5. Rule #5 Bail for 11350, 11358 and 11377 H&S not less than $25,000 when Penal Code felony firearms violation is also present. B. Bail Limit for Multiple Offenses – A bail limit for a case with multiple charges will be established as follows: 1. Felony only The highest bail amount for any one felony offense will apply 2. Felony with misdemeanor or infraction violations. The highest bail amount for any one felony offense will apply. Misdemeanor and infraction bails will not be considered. C. Holds for Out-of-County Charges – The Felony Bail Schedule will apply to holds placed for out-of-county charges when no amount has been previously established or shown on a warrant. D. VIOLATION OF PROBATION 1. Arrest without a warrant shall have NO BAIL if VIOLATION is for FELONY PROBATION 2. BAIL will be set at $15,000.00 if violation is a MISDEMEANOR PROBATION. E. All references to a code section shall include all subsections thereof unless a specific bail is set forth for a particular subsection. UNIFORM BAIL SCHEDULE – COUNTY OF ORANGE
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| STAT | VIOLATION | DESCRIPTION | DEG | AMT |
| B | 31 | Principals | F | Rule 3 |
| B | 32 | Accessories | F | Rule 3 |
| B | 182 | Conspiracy | F | Rule 3 |
| B | 187 | Murder | F | $1,000,000 |
| B | 187 | Murder w/special circumstances | F | Rule 4 |
| B | 191.5 | Manslaughter vehicular | F | $50,000 |
| B | 203 | Mayhem | F | $25,000 |
| B | 205 | Aggravated mayhem | F | $50.,000 |
| B | 207 | Kidnapping | F | $50,000 |
| B | 209(a) | Kidnap for extortion | F | $250,000 |
| B | 209(b) | Kidnap for robbery | F | $100,000 |
| B | 211 | Robbery | F | $50,000 |
| B | 215 | Carjacking | F | $50,000 |
| B | 217.1 | Attempt on President | F | $250,000 |
| B | 218 | Attempting derailing/ | F | $100,000 |
| B | 219 | Wreck train/fire bridge | F | Rule 4 |
| B | 219.1 | Throwing missile at | F | $100,000 |
| B | 220 | Assault w/intent to Rape | F | $50,000 |
| B | 244-247 | Assault (Bail for all sections | F | $50,000 |
| 244 through 247 and all | ||||
| B | 261 | Rape | F | $50,000 |
| B | 261.5 | Unlawful sexual intercourse | F | $5,000 |
| B | 266h,i,j | Pimping, pandering, procure | F | $25,000 |
| B | 273a(a) | Willful harm or injury | F | $25,000 |
| B | 273ab | Child assault causing death | F | $1,000,000 |
| B | 273.5 | Spouse abuse | F | $25,000 |
| B | 285 | Incest | F | $25,000 |
| B | 286 | Sodomy w/force or threats | F | $50,000 |
| B | 288 | Child molest w/force | F | $50,000 |
| B | 288a | Oral sex perversion w/force/ | F | $50,000 |
| B | 289 | Rape by foreign object | F | $50,000 |
| B | 311.4(b,c) | Employ minor under 18 | F | $50,000 |
| B | 347 | Attempt to kill by harmful | F | $50,000 |
| B | 368(b)(1)(2) | Abuse of elder/dependent | F | $50,000 |
| B | 368(d)(e) | Abuse of elder/dependent | F | $50,000 |
| B | 368(f) | Abuse of elder/dependent | F | $50,000 |
| B | 422 | Criminal threats | F | $25,000 |
| B | 451 | ArsonGBI/inhabited | F | $50,000 |
| B | 452 | Reckless burningGBI/ | F | $50,000 |
| B | 454 | Burning within area of | F | $50,000 |
| B | 459 | Burglary residential | F | $25,000 |
| B | 646.9(c) | Stalking2nd offense | F | $50,000 |
| B | 653f | Solicitation to commit | F | Rule 3 |
| B | 664 | Attempts | F | Rule 3 |
| B | 1551.1 | Fugitive (arrest without | F | $50,000 |
| B | 1552.1 | Fugitive (see code) | F | No Bail |
| B | 4500 | Felony assault by life term | F | Rule 4 |
| B | 12303 | Possession of prohibited | F | $50,000 |
| B | 12303.1 | Carrying or placing | F | $50,000 |
| B | 12303.2 | Possession of destructive | F | $50,000 |
| B | 12303.3 | Explosion of destructive | F | $50,000 |
| B | 12303.6 | Sale or transp of prohibited | F | $50,000 |
| B | 12308 | Explosion of destructive | F | Rule 4 |
| B | 12309 | Explosion of destructive device cause bodily injury | F | $100,000 |
| B | 12310 | Explosion of destructive device cause mayhem | F | $100,000 |
| C | 11350 | Possession | F | $10,000* |
| C | 11351 | Possession for sale of narcotic, less than 1 oz. | F | $25,000 |
| C | 11351 | Possession for sale of narcotic, 1 oz. or more | F | $50,000 |
| C | 11351 | Possession for sale of narcotic, 8 oz. or more | F | $100,000 |
| C | 11351 | Possession for sale of narcotic, 1 lb. or more | F | $150,000 |
| C | 11351 | Possession for sale of narcotic, 1 kilo or more | F | $200,000 |
| C | 11351.5 | Possession for sale of cocaine base rock cocaine less than 1 oz. | F | $25,000 |
| C | 11351.5 | Possession for sale of cocaine base rock cocaine 1 oz. or more | F | $50,000 |
| C | 11351.5 | Possession for sale of cocaine base rock cocaine 8 oz, or more | F | $100,000 |
| C | 11351.5 | Possession for sale of cocaine base rock cocaine 1 lb. or more | F | $150,000 |
| C | 11351.5 | Possession for sale of cocaine base rock cocaine 1 kilo or more | F | $200,000 |
| C | 11352 | Sale of narcotics less than 1 oz. | F | $25,000 |
| C | 11352 | Sale of narcotics 1 oz. or more | F | $50,000 |
| C | 11352 | Sale of narcotics 8 oz. or more | F | $100,000 |
| C | 11352 | Sale of narcotics 1 lb. or more | F | $150,000 |
| C | 11352 | Sale of narcotics 1 kilo or more | F | $250,000 |
| C | 11353 | Inducing minor to violate narcotic law | F | $25,000 |
| C | 11354 | Narcotics persons under 18/inducing minors to sell | F | $10,000 |
| C | 11355 | Sale or furnishing substance | F | $5,000 |
| falsely represented as narcotics | F | $5,000 | ||
| C | 11358 | Cultivation of marijuana | F | $5,000* |
| C | 11358 | Cultivation of more than 50 plants | F | $10,000* |
| C | 11361 | Use of minor in sale of marijuana | F | $25,000 |
| C | 11371 | Soliciting minor (prescription viol) | F | $25,000 |
| C | 11377 | Possession of barbituates, stimulants, etc. | F | $10,000* |
| C | 11378 | Possession of barbituates, stimulants, etc., less than 1 oz. | F | $25,000 |
| C | 11378 | Possession for sale of barbituates, stimulants, etc. 1 oz. or more | F | $50,000 |
| C | 11378 | Possession for sale of barbituates, stimulants, etc., 8 oz. or more | F | $100,000 |
| C | 11378 | Possession for sale of barbituates, stimulants, etc.,1 lb. or more | F | $150,000 |
| C | 11378 | Possession for sale of barbituates, stimulants, etc.,1 kilo or more | F | $200,000 |
| C | 11378.5 | Possession for sale of phencyclidine, less than 8 oz. liquid | F | $25,000 |
| C | 11378.5 | Possession for sale of phencyclidine, 8 oz. or more | F | $50,000 |
| C | 11378.5 | Possession for sale of phencyclidine, 1 qt. or more | F | $75,000 |
| C | 11378.5 | Possession for sale of phencyclidine, 1 gal. or more | F | $100,000 |
| C | 11378.5 | Possession for sale of phencyclidine, 10 gal. or more | F | $250,000 |
| C | 11379 | Sale of barbituates, stimulants, etc., less than 1 oz. | F | $25,000 |
| C | 11379 | Sale of barbituates, stimulants, etc., 1 oz. or more | F | $50,000 |
| C | 11379 | Sale of barbituates, stimulants, etc., 8 oz. or more | F | $100,000 |
| C | 11379 | Sale of barbituates, stimulants, etc., 1 lb. or more | F | $150,000 |
| C | 11379 | Sale of barbituates, stimulants, etc., 1 kilo or more | F | $250,000 |
| C | 11379.5 | Sale of PCP less than | F | $25,000 |
| C | 11379.5 | Sale of PCP 8 oz. liquid or more | F | $50,000 |
| C | 11379.5 | Sale of PCP 1 qt. or more | F | $75,000 |
| C | 11379.5 | Sale of PCP 1 gal. or more | F | $100,000 |
| C | 11379.5 | Sale of PCP 10 gal. or more | F | $250,000 |
| C | 11379.6(a) | Manufacturing controlled substances | F | $100,000 |
| C | 11379.6(b) | Offer to mfr. controlled substances | F | $25,000 |
| C | 11380 | Adult using minor to violate controlled substance laws or furnishing controlled substances to minor | F | $50,000 |
| C | 11380.5 | Adult using minor to violate law regarding PCP or furnishing PCP to minor | F | $50,000 |
| C | 11383 | Possession of chemicals w/intent to manufacture methamphetamine or phencyclidine | F | $50,000 |
| A | 2800.2 | Evade Arrest | F | $25,000 |
| A | 2800.3 | Evade with injuries | F | $50,000 |
| A | 23152a | DUI (4th offense) | F | $25,000 |
| A | 23153 | DUI w/injury (3rd offense) | F | $50,000 |
| A | 23153 | DUI w/injury (4th offense) | F | $50,000 |
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