Criminal Defense
Bail and Release in Orange County
How Bail Works in California
Bail is money or collateral you post to secure your release from custody while your case is pending. If you appear for all court dates, bail is returned (minus any fees). If you fail to appear, the court can forfeit the bail and issue a warrant.
Orange County Bail Schedule
Orange County Superior Court maintains a bail schedule. Common amounts: misdemeanor DUI ~$2,500–$5,000; felony drug possession for sale ~$25,000–$50,000; domestic violence (felony) ~$50,000+. Judges can deviate based on the facts.
Bail Hearings
At arraignment, your attorney can request reduced bail or O.R. release. The judge considers: nature of the charge, ties to the community, employment, family, prior record, and risk of flight. Having an attorney argue for you significantly improves the chance of favorable release terms.
Alternatives to Cash Bail
- O.R. release: No bail required; promise to appear
- Bail bond: Pay 10% to a bondsman who posts the full amount
- Property bond: Use real estate as collateral
If a family member is in custody, contact a criminal defense attorney immediately. The sooner we are involved, the sooner we can work toward release.
Frequently Asked Questions
How is bail set in Orange County?
Orange County uses a bail schedule that sets amounts by charge. A judge can raise or lower bail at an arraignment or bail hearing. Factors include flight risk, danger to the community, and criminal history.
What is O.R. release?
O.R. (Own Recognizance) release means you are released without posting bail, based on your promise to appear. It is granted when the court finds you are not a flight risk or danger. An attorney can argue for O.R. at your arraignment.
Can I use a bail bondsman in California?
Yes. A bondsman typically charges 10% of the bail amount (non-refundable) and posts the rest. If you fail to appear, the bondsman can seek to recover the full amount. Some charges may not be bondable.
Need Legal Assistance?
Contact the Law Offices of Steven A. Alexander for a free consultation. Offices in Santa Ana and Fresno. Bilingual (English/Spanish).
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