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Are There 3 Levels of Bail?

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johnharlin

Junior Member
What is the name of your state (only U.S. law)? California

This is my understanding of bail.

1. You get arrested for a crime and can immediately get out on bail.

2. If you commit a crime, you have to go through a preliminary hearing to determine what you are charged with and then if you are charged with something you are then sent forward to the Grand Jury. To stay out of jail before the Grand Jury hearing you have to post bail determined by the judge.

3. If the Grand Jury determines you committed a crime then you can go to trial and in between, if you want to stay out jail, you have to post bail that the judge sets.

Is this correct?
 


CdwJava

Senior Member
It's quite simple ... in CA if you get arrested and go to jail, you are subject to bail. The bail is set per a schedule determined by the local Superior Court with the possibility of enhancements at the request of the arresting officer/agency, or, if appearing before a judge at arraignment, by the judge (who can modify it up or down). There are a few instances where there will be NO bail, but, those are rare and generally reserved for murder or offenses where the defendant is likely to flee the jurisdiction.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1268-1276.5
 

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