What is a Bail Schedule?
A bail schedule is a predetermined list of bail amounts assigned to specific criminal charges. Think of it as a menu of bail prices — each offense has a standard amount attached to it. Bail schedules exist to speed up the release process by allowing defendants to post bail right after booking, without waiting for a judge to set the amount.
How Bail Schedules Work
When someone is arrested, the booking officer looks up the charge on the county's bail schedule. The defendant (or someone on their behalf) can then post that amount immediately to secure release. This is especially helpful because:
- It eliminates the wait for a bail hearing (which can take 24-72 hours)
- It provides consistency and predictability in bail amounts
- It allows release at any time, including nights and weekends
Who Creates Bail Schedules?
Bail schedules are typically created by the judges in each jurisdiction. A panel of local judges reviews the schedule periodically and sets amounts based on:
- The severity of each offense
- Whether the offense is a misdemeanor or felony
- State law guidelines
- Local crime patterns and community safety considerations
- Comparable amounts in neighboring jurisdictions
Typical Bail Schedule Amounts
While amounts vary widely by jurisdiction, here are general ranges you might see:
- Minor misdemeanors (petty theft, trespassing): $500-$5,000
- DUI/DWI (first offense): $1,000-$10,000
- Assault (misdemeanor): $2,500-$25,000
- Drug possession: $2,500-$50,000
- Burglary: $20,000-$100,000
- Robbery: $50,000-$500,000
- Violent felonies: $100,000-$1,000,000+
These are rough estimates only. Your local bail schedule may be significantly different.
When the Bail Schedule Doesn't Apply
Not all arrests follow the bail schedule. In these situations, a judge sets bail at a hearing:
- The charge is not on the schedule
- The offense is a serious felony
- The defendant has prior failures to appear
- The defendant is on probation or parole
- There are circumstances that make the schedule amount inappropriate
- The charge involves domestic violence or certain protected victims
Bail Schedule vs. Judge-Set Bail
It's important to understand that bail schedule amounts are starting points. At a subsequent hearing, a judge can increase or decrease the amount based on the specific circumstances. Many defendants choose to post bail at the schedule amount immediately and then request a bail reduction at their court hearing.
Finding Your Local Bail Schedule
To find the bail schedule for your jurisdiction:
- Check the county court's website
- Call the county jail
- Ask a local bail bondsman — they have the schedules memorized
- Contact a defense attorney