Legal Question in Criminal Law in California

Frankly, that argument will get you nowhere. Second degree burglary is entering any commercial structure with the intent to steal or commit a felony inside. It is a "wobbler," meaning it can be charged either as a felony or a misdemeanor, no matter what the dollar amount of the theft.

Just because the police arrested you on the felony section, bail was set at $15,000 - a fairly standard bail for a non-violent felony offense. You had/have choices - post the bail when you were arrested and get released; stay in custody and see what, if any charges are filed (if none were filed, you would have been released); appear in front of the judge and have them address the issue of bail at that time.

So no, your Eighth Amendment argument won't get your case dismissed.

You can ask, but you won't get a dismissal. The amount of money taken is only part of what makes burglary a serious crime. You were charged with a felony, and your bail is not unusual under the circumstances. Even if it was, your remedy would be to get the bail reduced, not to have the case thrown out entirely.

You need to consider attempting to get the charge dismissed based on the amount, or, in the alternative, attempt to get an infraction. You probably will need to obtain counsel for that, so find a good lawyer in or near your area that you trust to fight for you. I wish you well.................. David Wallin

The amount of bail has nothing to do with getting the charge dismissed.