The Domestic Violence Bail Process in Vista

What is Bail? Why is it Required After a Domestic Violence Arrest?

At its most basic, bail is a financial deposit made to the court to ensure a defendant returns to face their charges after release. If they miss their hearings or trial, a warrant will be issued for their arrest and their bail money will be forfeited to the court.

While some efforts have been made to reduce or eliminate cash bail in the California court system, it is still often required in violent crime offenses where courts believe the defendant could present a danger to other individuals. “Because domestic violence is taken very seriously in San Diego County,” explains attorney Peter Liss, “bail for domestic violence is much higher than bail for similar offenses committed against individuals the defendant does not have an intimate relationship with.”

For more information, visit our San Diego Bail Guide.

How Much is Bail for Domestic Violence?

San Diego County has a set bail schedule for criminal offenses. If you want to post bail for someone in the Vista Detention Facility and don’t want to wait for their arraignment, you’ll have to pay according to this schedule. Note that until the arraignment or a bail modification, the bail for “wobbler” offenses (those that can be filed as misdemeanors or felonies) will always be set at the felony level.

Bail for some of the most common domestic violence offenses in San Diego is set at:

Can Bail Be Reduced?

Yes. Bail can be changed throughout the criminal process, starting at the arraignment. At this hearing, the prosecutor formally announces the charges being filed against the defendant. Regardless of what charges are officially filed, however, the bail will not automatically be adjusted. “Only the judge can change a defendant’s bail once it has been set at jail,” explains Liss. “However, when the charges are reduced, the judge will typically reduce the bail amount.”

Once the charges have been read, the defendant can enter their plea of guilty or not guilty. If they plead not guilty, their lawyer can then request a bail modification or ask that the defendant be released on their own recognizance, meaning they can be released without paying bail.

The prosecution may also file a bail motion to request that the bail be increased or that the defendant be denied bail. They may also agree to the defense’s request for bail modification or pretrial release.

How Judges Decide Whether to Modify Bail

The judge will ultimately determine if the defendant is eligible for pretrial release and whether bail should be modified. Depending on the circumstances, the court may reduce bail, increase it, leave it at the same level, or release the defendant without requiring bail. They will usually base their decision on:

• The severity of the allegations
• The victim’s injuries
• The defendant’s criminal record
• Evidence presented by both sides
• The arguments of the defense attorney and prosecutor
• The defendant’s attitude
• The defendant’s ties to their community, including their career, home, and family

Can Domestic Violence Bail be Denied?

Technically, yes. However, California law limits when a judge may deny bail, and it is rare for them to do so. Under the California Constitution, most defendants have a right to pretrial release on bail that is affordable at their income level, subject to specific exceptions. In In re Kowalczyk, the California Supreme Court confirmed that courts may order pretrial detention only when the constitutional requirements for denying bail are met.

“Because domestic violence is a crime of violence, judges can still require bail, but they first must decide if a non-cash alternative, such as a stay-away order, may suffice,” explains Liss. “In San Diego, most first-time domestic violence offenders are released on their own recognizance or supervised recognizance requiring monitoring.”

In rare circumstances where the prosecution requests that bail be denied, it is typically only in serious felony cases where they believe:

• The defendant poses a threat to the community, including the alleged victim.
• The defendant is a significant flight risk.
• The severity of the crimes and weight of the evidence make release inappropriate.

How Can You Post Bail After a Domestic Violence Arrest?

There are a few options available for those who need to post bail, including cash, bail bonds, or property bonds. Most people need to rely on bail bonds.

Cash Bail

If you can afford to leave large amounts of money with the court for months, sometimes years, you may choose to post bail directly. To post bail in North County, you can make a payment at the Vista Detention Facility or the San Diego Superior Court.

These facilities accept cash, cashier’s checks, and money orders. Regardless of the outcome of the case, the full bail amount will be returned, provided the defendant attends all mandatory court appearances.

Bail Bonds

If you cannot afford to pay your bail, you may need to use a bail bonds company. These businesses require a co-signer other than the defendant. They usually require a payment of 10% of the bond value, though some may go down to 8%. The fee is often required upfront, but for those with a steady job and good credit, bondsmen sometimes accept payment plans with smaller down payments.

While bail is refundable as long as the defendant attends all court dates, bail bond fees are non-refundable. In other words, if your loved one is arrested and the bail is $50,000, you must pay the company between $4,000 and $5,000 for the bond, which you will not get back.

If the defendant misses required court dates without a valid reason, the co-signer will be required to pay the full value of the bail bond, and the company may hire someone to locate the defendant who will then face additional charges for failing to appear.

Property Bonds

California also accepts real estate deeds in place of cash bail. “This process is complicated and usually requires an attorney,” explains Liss.

Can You Be Released Without Posting Bail?

Yes. If you choose to stay in jail instead of posting bail, typically, you must wait three court days until your arraignment. Weekends and holidays do not count as court days, so an arrest at the start of a long weekend can mean waiting five days in jail before you see a judge.

At the arraignment, your attorney may make a bail motion to request that your bail be lowered or ask for you to be released on your own recognizance.

In some cases, your lawyer can make an emergency bail motion to get a client out of jail earlier. These motions can be made if:

• The bail is unreasonably and unfairly high.
• There has been an unreasonable delay in the charges.
• The defendant has serious health issues.
• There’s a major change in the case status, such as a reduced charge.

What Happens After You’re Released From Jail?

If you share a home with the alleged victim, you usually cannot go home after your release because there will be an emergency protective order in place against you. The court will usually allow you to enter your home with a law enforcement official and collect personal items you need for the immediate future. After that, you will need to reside elsewhere, at least temporarily, and avoid contact with the alleged victim.

The emergency protective order expires after a week, but the alleged victim can go to court to obtain a temporary restraining order, or a judge may issue one at the arraignment. “Though the temporary restraining order hearing will take place without your knowledge,” explains Liss, “you will have a chance to challenge the permanent restraining order in court.” An attorney can represent you in these hearings.

As long as a stay-away order is in place, it is critical you do not contact the alleged victim via phone, text, email, or even indirectly through friends. You must avoid physical contact as well. If you own a firearm, you must surrender it to the local law enforcement agency, sell it to a licensed gun dealer, or store it with a dealer or law enforcement agency while the restraining order is in place.

“If the alleged victim contacts you, notify your attorney immediately, as this could invalidate the restraining order,” advises Liss.

Contact a lawyer as soon as you have been released to discuss your defense strategy for both the charges and any applicable restraining orders.

How a Domestic Violence Attorney Can Help

If you or a loved one has been arrested for domestic violence in Vista or elsewhere in North County San Diego, contact attorney Peter M. Liss immediately. Early legal representation can make a significant difference when seeking reduced bail, challenging the charges, and protecting your rights from the very beginning of the case.

If you have been charged with any type of domestic violence and have any questions, call (760) 643-4050 today to schedule a free consultation.