If you are arrested for domestic violence, you may choose to post bail in order to earn your release from jail. One of the most common questions people have after they or their partner has been arrested is how much is bail for domestic violence? People also often wonder how, exactly to post bail after a domestic violence arrest. This article explains how that process works, the cost of bail for domestic violence and other details you might want to ask your domestic violence attorney.
Domestic Violence Bail is More Expensive Than Other Crimes
First, it’s important to realize that because domestic violence is taken very seriously in San Diego County, bail for domestic violence is higher than bail for committing battery against a random stranger on the street. Next, it is also worth noting that domestic violence charges can be filed against either partner in a relationship and that the couple does not need to be married, or even together at the time. Domestic violence charges can be brought up against lovers, exes, spouses, co-parents of a child, and other persons involved in an intimate relationship.
How to Pay Bail After a Domestic Violence Arrest
Most of the time when police are called in for domestic violence, they end up arresting someone -sometimes they even arrest both parties. If there is sufficient evidence that domestic violence occurred, the prosecutor will generally press charges even if the other person does not wish to do so. That’s why it is so important to speak with a domestic violence attorney as soon as you are arrested.
After you have been arrested, you may choose to pay the standard bail for domestic violence or wait for the arraignment to see if the judge will release you on your own recognizance. If you choose to stay in jail instead of posting bail, typically you 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. If you are not released, you can also take this opportunity to have your lawyer argue for the bail to be reduced.
How Much is Bail for Domestic Violence?
The more serious a crime is in San Diego, the higher the bail and domestic violence bail is particularly high because it is a crime that involves family members. If the victim was injured, then the arrest is a felony and this level of domestic violence bail is $50,000 or $100,000 for repeat offenders. Domestic violence bail will cost an additional $50,000 if the victim suffered great bodily injury. Many times, however, prosecutors choose to charge a felony arrest for domestic violence as a misdemeanor.
Misdemeanor domestic violence bail is $10,000 for a first time offense, $20,000 for a second offense and $40,000 for a third or subsequent offense. Additionally, if you violated an existing stay away order, you may have an additional $10,000, $20,000 or $40,000 in bail for domestic violence charges.
How to Pay Domestic Violence Bail
Bail can be paid through bail bondsmen who require 10% of the bail total as their payment although many will go to 8%. When working with a bail bonds company, you do not get any money back even if charges are not filed. In other words, if the bail was $50,000, then the domestic violence bond amount would be $55,000.
You can also post bail with cash for the entire amount. In doing so, you do get all the money back so long as you appear for all court appearances.
If you have been charged with any type of spousal abuse and have any questions, please call Peter M. Liss at (760) 643-4050.
Creative Commons Image by Randy Heinitz