Strike Priors and Bail

Families are frequently blindsided by a bail figure that bears no relation to the current charge. The usual explanation is a strike prior — a previous conviction for a serious felony under Penal Code § 1192.7(c) or a violent felony under § 667.5(c). On the Orange County schedule the effect is arithmetic and severe.

What a strike prior does to the figure

That last row is the one that produces the most difficult phone calls. A comparatively minor current charge can carry a six-figure bail because of a conviction from years ago.

Why reductions are harder too

Penal Code § 1275(c) requires the court to find unusual circumstances, stated on the record, before reducing bail below the county schedule for a serious felony under § 1192.7(c) or a violent felony under § 667.5(c). The statute expressly adds that prior court appearances and the absence of new offences do not, by themselves, count as unusual circumstances.

So a defendant with a strike history faces both a higher starting figure and a higher bar to move it. See bail reduction hearings.

Which offences are strikes

Serious felonies are listed at § 1192.7(c) and violent felonies at § 667.5(c). Among the charges we handle, these commonly qualify:

• Robbery — a violent felony.
• First degree residential burglary — a serious felony.
• Criminal threats under PC 422, when charged as a felony.
• Certain assaults, particularly with a firearm or causing great bodily injury.

Whether a particular prior qualifies is a legal question with real complexity — out-of-state convictions and juvenile adjudications both have their own rules. That is a defence lawyer’s analysis, not a bail agency’s, and we will not guess at it.

What this means practically

• Tell us about the history up front. A quote that ignores a strike prior is not a quote. We would rather give you a hard number than a comfortable one that changes.
• Get a defence lawyer early. Whether a prior qualifies, and whether it can be struck, is the single highest-value question in the case.
• Do not assume the current charge sets the figure. With strikes on the record, it often does not.
• In Los Angeles County, a strike history usually removes the $0 route. Serious and violent felonies are excluded from the county’s pre-arraignment release protocols.

Questions we get asked most

How much does a strike prior add to bail in Orange County?

The schedule enhances bail to $100,000 for one documented strike prior and $200,000 for two.

Why is the bail so high when the current charge is minor?

Because the Orange County schedule provides that where two or more strike priors are documented on non-serious or non-violent charges, bail is enhanced at $200,000 regardless.

Can bail be reduced when there are strike priors?

It is harder. Penal Code 1275(c) requires a finding of unusual circumstances stated on the record before bail goes below the county schedule for a serious or violent felony, and prior court appearances alone do not count.

Does an old conviction still count?

Strike priors do not expire in the way some other enhancements do. Whether a specific prior qualifies is a legal question for a defence lawyer.

Related resources

Orange County bail schedule · How bail schedules work · Bail reduction hearings · Felony bail · Robbery · Burglary · Can bail be denied?