Bail Hearings

After an arrest in Ventura County, CA, the person being detained is taken to a local police station or county jail facility for booking. The booking process involves taking the person’s biographical information (name, date of birth, address), confirming the person’s identity through fingerprints, taking a mugshot, and entering the information into a criminal justice database.

The local jails in Ventura County include:

  • the Ventura Pre-Trial Detention Facility;
  • the Todd Road Jail in Santa Paula; or
  • the East County Jail in Thousand Oaks.

If a warrant was issued for the defendant’s arrest, then the bail amount is listed in the warrant itself and that amount might be higher or lower than the amount listed in the uniform bail schedule.

If the bail bond amount is not listed on the arrest warrant, then the bail bond amount is determined by looking at the Ventura County Uniform Bail Schedule for 2019.

Special rules apply to increase the bail on a new offense for anyone already on probation or after the person is accused of a violation of felony or misdemeanor probation. A criminal defense attorney can file a request for own recognizance release (OR or ROR) or for a bail amount to be set at an amount less than the schedule.

Attorney for Bail Hearings in Ventura County, CA

If you are accused of a crime, contact an experienced criminal defense attorney about any warrant for your arrest or any bail hearing. Your criminal defense attorney can file a motion to set bail below the scheduled amount or to release you on your own recognizance (called the OR, ROR bond, or signature bond).

After being accused of a crime, you should seek out the services of an experienced criminal defense attorney who can represent you at each stage of the case. In fact, having an attorney at the earliest stages of the case is often a critical factor in getting the best outcome in the case. Jay Leiderman Law is based in Ventura and works with clients in all ten Ventura County cities – Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, and Ventura itself.

Contact Jay Leiderman Law to find out the best way to deal with an outstanding arrest warrant or a bail hearing. We can be reached at (805) 654-0200, and the first consultation is free.

Overview of Bail Law in Ventura County

Uniform Bond Schedule in Ventura County, CA

Under Penal Code §1269b(d), the Presiding Judge in each county may appoint a committee of judges to prepare, adopt and annually revise the uniform countrywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions.

For this reason, the Ventura Superior Court has adopted a uniform bail schedule for 2019 which sets a presumptive bail amount that apples to anyone arrested without a warrant before the first appearance in court when the court reviews the bail amount.

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Motion to Set Bail Below Schedule

For cases in Ventura County, CA, criminal defense attorneys often use Superior Court Form 3000 which is entitled “Declaration in Support of Motion to Set Bail Below Schedule or for Own Recognizance Release.”

The completed form is forwarded to the classification deputy at the Ventura County Jail, who will relay the information to the on-call magistrate. Any request to speak directly with the magistrate is relayed to the magistrate by the classification deputy, but the form is required so that any such communication is not necessary.

If any law enforcement agency makes a request to increase bail, Penal Code §§810(b) and 1269c require that information be made available, upon request, to the criminal defense attorney.

Pursuant to Local Rule 11.01 in Ventura County, CA, when the bail has been set, all requests for the increase or reduction of said bail shall be made to the judge who set such bail, except as follows:

  • Any judge in Ventura County, CA, having a criminal matter before the court for action, such as for preliminary examination, trial, or change of plea, may, upon motion of either the defendant or the People, modify the amount of bail then set.
  • Bail set ex parte by any judge in Ventura County, CA, shall be subject to modification by the judge before whom the defendant appears for arraignment.

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Challenges to Source of Bail

Beginning on January 1, 1999, the court or prosecutor is permitted to challenge the source of bail in any type of case. Such challenges are common in drug cases but can be made in other types of cases. In federal court, these types of challenges to the source of bail is called the “Nebbia Hold” or “Nebia Hold.”

When the declaration to challenge the source of bail is filed, or when the classification deputy is aware of facts suggesting a felonious source, the bail should not be accepted until the on-call magistrate is contacted. The contact with the on-call magistrate must occur within 24 hours of the filing of the declaration.

If the magistrate finds probable cause that bail has been feloniously obtained, bail must not be accepted until the arrestee proves a legitimate source of bail to the magistrate or in court. If no probable cause is found, normal release procedures apply. See Penal Code §1275.1.

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Special Rules for Bail in Serious Cases

In Ventura County, CA, special rules apply for serious and violent felonies, stalking, and misdemeanor domestic violence. For any offense listed in Penal Code §1270.1(a), California law forbids the defendant from being released before an arraignment on bail either more or less than the bail schedule amount.

Pre-arraignment release is allowed if the on-call magistrate sets bail at the scheduled amount. If a higher or lower amount is set or if Own Recognizance (O.R.) release is granted, the arrestee cannot be released before arraignment even if bail is posted.

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Bail in Domestic Violence Cases with Similar Priors

Special rules apply for setting bail in domestic violence cases when the defendant has similar priors. If there is reasonable cause to believe the defendant has a prior conviction for an offense on the Domestic Violence Enhancement List, the court in Ventura County, CA, will double the standard bail amount for felony or misdemeanor domestic violence.

An exception to this rule is that the $100,000 bail for felony stalking would not be doubled by such a prior conviction.

The Domestic Violence Enhancement List includes the following offenses and their out-of-state equivalents, both felonies and misdemeanors including Penal Code §§187, 192(a), 203, 207, 209, 210.5, 211, 215, 220, 243(d), 243(e), 243.4, 244, 244.5, 245, 261, 273.5, 273.6, 273.65, 286, 288, 288.5, 288a, 289, 417, 422, 451, and any felony in which an allegation that the defendant inflicted great bodily injury or used or was armed with a firearm or deadly weapon was found true.

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Additional Resources

Ventura County Sheriff’s Office on How to Post Bail – Visit the website of the Ventura County Sheriff’s Office to find instructions on how to post bail. To post bail, go the Pre-Trial Detention facility located at 800 South Victoria Avenue in Ventura. You can post cash in the exact amount, a certified check, money order, or cashier’s check made payable to “Ventura County Superior Court,” a credit card or debit card, or a bail bond.

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