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Filing of Charges

Criminal offenses are charged as felonies, misdemeanors, or infractions. An offense is categorized as a felony, misdemeanor, or infraction, based upon the potential punishment for which that crime is eligible:

• Felony: crimes classified as felonies are eligible for at least one year in the state prison.

• Misdemeanor: crimes classified as misdemeanors are eligible for up to one year in the county jail.

• Infraction: crimes classified as infractions are generally ineligible for any form of incarceration; rather, they are usually punished through the payment of fines

Bail Hearing

The arresting agency sets the bail during the arrest / booking process. Bail is usually set according to a bail “schedule” published by the court in each county. However, often the prosecutor files additional or different charges from the initial arrest charges, or believes that the defendant poses a flight risk or threatens the safety of the community. In these instances, the prosecutor may ask for an increase in bail at the arraignment. The defense attorney will present evidence to persuade the judge that an increase in bail is not appropriate, or that reduction in bail is, in fact, appropriate. If a defendant is out of custody and the judge increases the defendant’s bail, the defendant will once again be taken into custody and will have to go through the “bail out” process again.