Bail and Own-Recognizance Release in California

The options the judge has

According to the California Courts self-help guide, a judge can release a defendant on their own recognizance, with a promise to return for court dates; release them under supervision, such as home detention or an ankle monitor; set bail, so the defendant stays in custody until it is posted; or order the defendant held without bail. The judge considers factors such as the type of crime, whether it is a felony or misdemeanor, public safety and the risk that the person will not appear.

Penal Code section 1270 provides that a person arrested for a misdemeanor is generally entitled to release on their own recognizance unless the court finds that release would compromise public safety or would not reasonably assure the person's appearance. Domestic violence cases and serious violent felonies have special rules.

Bail schedules, bail bonds and ability to pay

Each county's superior court adopts a bail schedule, which sets amounts for many offenses and allows some people to post bail before they see a judge. At the arraignment the judge can change the amount or the conditions. In 2021 the California Supreme Court held in In re Humphrey that a court setting bail must consider the person's ability to pay and may not keep someone in custody solely because they cannot afford bail.

Bail can be posted in cash, which is generally returned at the end of the case if every court date is attended, or through a bail bond. A bail agent usually charges a non-refundable premium and may require collateral. Bail agents are licensed by the California Department of Insurance, which also takes complaints about them.

• Ask what the bail amount is and whether a bail review hearing is possible.
• Read a bail bond contract carefully before anyone signs it.
• Do not miss a court date after release; bail can be forfeited and a warrant issued.

Release conditions and the promise to appear

Release on your own recognizance comes with a written agreement. Penal Code section 1318 requires, among other things, a promise to appear at all times and places the court orders and to obey reasonable conditions. Courts can add conditions such as staying away from certain people or places, drug or alcohol testing, or not driving. Breaking a condition can lead to arrest and a stricter decision on release.

If someone is in custody right now, contact the court, the public defender's office or a criminal defense attorney directly. A lawyer can argue for release or lower bail at the arraignment or at a bail review hearing. This site is not an emergency line.