Re: My Bail Seems Excessive
If the court has set your bail they have to have the file. Courts are allowed to tack on fees and surcharges for a lot of things. CA has one of the highest fine schedules in the nation. The price for living in Paradise I guess.
Re: My Bail Seems Excessive
Per the 2007 CA bail and fee schedule the base fine plus fees for 22451(a) is $380 ... $498 if in a construction zone. And the no plates are probably $108. This means the state recommended bail plus fines would be about $488.
However, some counties are permitted to go beyond these recommendations.
- Carl
Re: My Bail Seems Excessive
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Quoting
cdwjava
Per the 2007 CA bail and fee schedule the base fine plus fees for 22451(a) is $380 ... $498 if in a construction zone. And the no plates are probably $108. This means the state recommended bail plus fines would be about $488.
However, some counties are permitted to go beyond these recommendations.
- Carl
It was not in a construction zone. I think the fees for a $100 base fine is about $50-$90.
Number 1 question. As I pointed out in my quotation of the law above (unless I am wrong in reading the law). So it seem that bail can be much higher that what they can ultimately fine me if I was found guilty. Will this amount be ultimately reduce even if I was found guilty???
Number 2. I am planning to contest this with a trial by declaration. To do this they require me to post the bail first. Is it worth it to going to arraignment to ask the judge to reduce the amount of bail based on the law I cited?
Re: My Bail Seems Excessive
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Quoting
blau
It was not in a construction zone. I think the fees for a $100 base fine is about $50-$90.
Actually, they are $280. There are great number of surcharges, assessments and fees that can apply.
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Number 1 question. As I pointed out in my quotation of the law above (unless I am wrong in reading the law). So it seem that bail can be much higher that what they can ultimately fine me if I was found guilty. Will this amount be ultimately reduce even if I was found guilty???
Most courts are limited in their discretion as the penalties are fixed. I am not sure whether San Mateo County allows their traffic courts to modify the base fines or not. But, even if the fine were modified, that might not effect many of the fines and assessments.
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Number 2. I am planning to contest this with a trial by declaration. To do this they require me to post the bail first. Is it worth it to going to arraignment to ask the judge to reduce the amount of bail based on the law I cited?
I doubt the judge has the leeway to lower the bail at arraignment. But, it might not hurt to ask.
- Carl
Re: My Bail Seems Excessive
Actually you can ask for Personal Recognizance. There is a statute that allows this in CA but I do not have the reference handly and doubt if the judge even knows about it.
Re: My Bail Seems Excessive
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Quoting
lwpat
Actually you can ask for Personal Recognizance. There is a statute that allows this in CA but I do not have the reference handly and doubt if the judge even knows about it.
You generally have to post the bail (fees and assessments) before a written declaration - or, sometimes, before trial, I hear - because the state does not want to have to go to collections if the defendant loses.
I am not sure they can require it before trial, but it is common to do so before allowing a trial by written declaration.
The citation was his release on his own recognizance.
- Carl
Re: My Bail Seems Excessive
You can still ask for it, the judge has the discretion. I am out of town but will try to find it in my notes next week.