Kern County Bail Schedule | 2024

Legal Framework Governing Bail in Kern County

In Kern County, as throughout California, the legal framework for setting bail is governed by state law complemented by local court rules. The California Penal Code sets the foundational guidelines for bail procedures, asserting that bail is a constitutional right for most offenses, with exceptions primarily for severe crimes. Kern County follows these state laws and supplements them with its own specific bail schedules, which outline standard bail amounts for a broad spectrum of offenses.

The principal purpose of setting bail is to ensure that defendants return for court appearances while allowing them the freedom to prepare their case outside of custody. The bail amount serves as a financial guarantee to the court: if the defendant fails to appear as required, the bail money is forfeited.

Setting Bail Amounts According to the Severity of the Offense

In Kern County, bail amounts are primarily determined by the severity of the alleged offense. The county’s bail schedule is structured so that more serious offenses have correspondingly higher bail amounts. This system is based on the rationale that more severe offenses pose a greater risk to community safety and potentially indicate a higher flight risk.

For example:

• Minor offenses, such as petty theft or a first-time DUI without any aggravating factors, typically have lower bail amounts. These are considered less severe and pose a lower risk of flight or community harm.
• Serious offenses, including felonies involving violence, significant drug offenses, or major property crimes, command much higher bail recommendations. These high bail amounts reflect the increased risk associated with these charges and the greater necessity of ensuring the defendant’s presence at trial.

Additional factors that can influence bail amounts include:

• Previous criminal history: Defendants with prior convictions, especially for similar offenses, may face higher bail amounts.
• Existence of multiple charges: Defendants facing several charges at once may have their total bail amount increased to reflect the cumulative severity and risk of their alleged actions.
• Aggravating circumstances: Factors that enhance the seriousness of a charge, such as the use of a weapon in a crime, can lead to higher bail amounts.

Adjustments to Bail

While the bail schedules serve as a guideline, judges in Kern County have the authority to adjust bail amounts during a bail hearing. These adjustments are based on several factors including the defendant’s risk of flight, community connections, employment status, and family responsibilities. Defense attorneys can argue for lower bail amounts, while prosecutors may advocate for higher amounts based on their risk assessments.

Judges may also consider alternative forms of bail or release conditions, such as electronic monitoring or release on one’s own recognizance (O.R.), especially in scenarios where the defendant poses minimal risk but cannot afford the set bail amount.