Drug Charge Bail Bonds

The single most important thing to establish about a drug arrest is whether it has been booked as simple possession or as possession for sale. The two sit far apart on the bail schedule.

Simple possession

Health and Safety Code § 11350 covers possession of specified controlled substances — those listed in §§ 11054, 11055 and 11056, and narcotic drugs in Schedules III, IV or V — unless held under a valid prescription from a licensed practitioner.

The base penalty is imprisonment in county jail for up to one year. The statute creates an exception increasing exposure under Penal Code § 1170(h) for people with certain qualifying prior convictions, including specified serious offences and offences requiring sex offender registration.

Possession for sale is a different charge

Possession for sale is charged under separate sections and is treated far more seriously than personal possession. Quantity, packaging, scales, cash and messages are the sorts of things that move an arrest from one category to the other. Because the charge is different, the scheduled bail is different — often by a wide margin.

How drug bail is set

Bail comes from the uniform countywide schedule adopted under Penal Code § 1269b. The superior court judges in each county must prepare, adopt and annually revise that schedule for all bailable felony, misdemeanor and infraction offences, weighting it for the seriousness of the offence and adding amounts for aggravating or enhancing factors. It applies before a person has appeared in front of a judge.

Where they are held and where the case is heard

The Intake Release Center in Santa Ana accepts bail 24 hours a day; Theo Lacy only 8:00 a.m.–2:00 p.m.; Musick is not a bail acceptance point. See all jails.

The case is heard at the justice center for the city of arrest — North, Central, West or Harbor. See all courthouses.

Questions families ask us

Is possession still a felony in California?

Simple possession under § 11350 carries a base penalty of up to a year in county jail, with an exception that increases exposure where certain prior convictions exist. How a specific case is charged is a question for a defence attorney.

Does a prescription matter?

Section 11350 applies where the substance is held without a valid prescription from a licensed practitioner. Whether that applies to a specific case is a legal question, not one for us.

Will treatment options affect bail?

Diversion and treatment questions belong with a defence attorney. Bail is set from the schedule at the point of booking.

Where we work from

Our three offices — Anaheim, Brea and La Habra — are open 24 hours and are our only physical locations. See locations and areas we serve.

See also felony bail bonds, misdemeanor bail bonds and DUI bail bonds, or all of bail bond services.