How much bail can a defendant post under section 1269b of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Accredited Sur. & Cas. Co., F078117 (Cal. App. 2019):

in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail for the county in which the defendant is required to appear, previously fixed and approved as provided in subdivisions (c) and (d)." ( 1269b, subd. (b).) Subdivision (c) of section 1269b provides, "It is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions." Subdivision (e) of section 1269b, requires that the judges who set the countywide schedule of bail "consider the seriousness of the offense charged." To summarize, the statute allows persons arrested to post the amount of bail listed in the bail schedule and obtain their release before appearing in court. (Dant v. Superior Court (1998) 61 Cal.App.4th 380, 386.)

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