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California Penal Code 1214.1(b2) states:

Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.

However, California Traffic Courts require pre-payment of bail before allowing a Trial by Written Declaration.

Is this allowed by the Penal Code?

  • If the bail was required before any hearing, it would be disallowed. But you only refer to one type of hearing - if others do not require bail, you can have them scheduled before any payment occurs, unless other unreasonableness also precludes it. Need a legal reference to confirm this as an answer. – Nij Feb 20 '17 at 8:21
  • So they can require it for a trial by written declaration as long as there is some sort of trial that I can arrange that doesn't require it, even if I am not local and the trial by written declaration is the only reasonable option? – David Ljung Madison Stellar Feb 21 '17 at 9:04
  • And what legal reference do you need supplied? I'll happily find what I can. – David Ljung Madison Stellar Feb 21 '17 at 9:04
  • Something either as precedent or in the law itself, to say "as long as other options exist" would be enough. – Nij Feb 21 '17 at 17:27
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    @DavidLjungMadison: In general, my understanding is bail would not be considered a civil assessment, as the latter is a fee. Bail is generally a bond, returned to the payer upon completion of their obligations; in this case paying any judgement ordered by the court. – sharur Nov 13 '18 at 19:47

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