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California's Three Strikes Law and How It Affects Bail

6 min read

California's Three Strikes law can dramatically increase bail and prison exposure. Here's how strike allegations work, how they affect bail, and what Proposition 36 changed.

How Three Strikes works

California's Three Strikes law, originally passed in 1994, imposes harsher sentences on defendants with prior serious or violent felony convictions. A second strike doubles the sentence; a third strike can bring 25 years to life.

In 2012, voters passed Proposition 36, which softened the law so that a third strike requires the new offense to be a serious or violent felony (with some exceptions). But strike allegations still dramatically increase both bail and exposure.

How strikes affect bail

When a prosecutor alleges a prior strike, judges often set bail significantly higher than the standard schedule — sometimes double or more — because the perceived flight risk and sentence exposure are greater. A charge that might carry $20,000 bail can become $50,000 or higher with a strike allegation.

This is one reason two people with the same new charge can face very different bail amounts: the prior record, and whether the prosecutor files a strike enhancement, matter enormously.

What it means for families

If a strike allegation is on the table, expect higher bail and a more complex case. A bond is still possible in most cases, but the premium (10% of a larger amount) is higher, and a strong co-signer or collateral may be needed.

We've handled high-bail, strike-allegation cases across California. We'll be straight with you about what the bond will cost and what's required — and we'll move fast, because in these cases every hour matters.

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