How Bail Is Set in California: Bail Schedules and Judges

In California, bail is first set by a county bail schedule, a list of standard amounts for each charge adopted by the judges of that county's superior court. That scheduled amount is what the jail uses right after booking. Once the person goes before a judge, the judge makes an individual decision and can raise bail, lower it, release the person on their own recognizance, or in limited cases deny release.

Step one: the county bail schedule

California Penal Code section 1269b makes it the duty of the superior court judges in each county to prepare, adopt and annually revise a uniform countywide schedule of bail. The schedule covers bailable felonies, misdemeanors and most infractions.

When setting schedule amounts for felonies, the judges must consider the seriousness of the offense and add bail for aggravating factors or enhancements alleged in the complaint, such as certain weapon or drug-quantity enhancements. Schedules that do not list every offense must include a general amount for unlisted ones.

This is why the same charge can carry a different bail amount in Riverside County than in Los Angeles County. Each county's judges set their own schedule.

How the schedule is used after an arrest

If someone is arrested without a warrant and has not yet seen a judge, Penal Code section 1269b says bail is the amount on the countywide schedule for the county where they must appear. The officer in charge of the jail is one of the officials allowed to accept that bail.

That is what makes quick release possible. If the charge is bailable, there are no holds and no one has asked for a different amount, bail can usually be posted at the scheduled amount without waiting for court.

If someone is arrested on a warrant, the judge who signed it usually wrote a bail amount on it, and that amount controls.

When bail is changed before court

Penal Code section 1269c allows bail to be changed before the first court appearance:

• An arresting officer who thinks the scheduled bail is too low for a bailable felony, or for violating certain domestic violence restraining orders, can ask a magistrate for higher bail by sworn declaration.
• The defendant, or someone on their behalf, can ask a magistrate for lower bail or own recognizance release, except for certain serious charges listed in Penal Code section 1270.1.

The law also says that if no order changing bail is issued within eight hours after booking, the defendant can be released by posting the scheduled amount.

Step two: the judge's individual decision

At arraignment or a bail hearing, the judge is no longer bound by the schedule. Penal Code section 1275 tells judges to consider:

• Protection of the public, which is the primary consideration.
• The seriousness of the charge, including any alleged injury to a victim, threats to a victim or witness, use of a firearm or other deadly weapon, and alleged use or possession of controlled substances.
• The defendant's prior criminal record.
• The likelihood the defendant will come back to court.

For certain serious and violent felonies listed in Penal Code section 1270.1, bail above or below the schedule, or O.R. release, can only be set at a hearing in open court, with notice to the prosecutor. The judge must state the reasons on the record.

In re Humphrey: ability to pay

On March 25, 2021, the California Supreme Court decided In re Humphrey, which changed how judges approach money bail. The main points:

• When a court sets money bail, it must consider the person's ability to pay, along with the seriousness of the offense and their record.
• People who pose little risk can be released on their own recognizance, with appropriate conditions.
• If there is risk, the court should first consider non-money conditions, such as monitoring or supervision.
• A court can keep someone in custody only if it finds, by clear and convincing evidence, that no less restrictive condition can reasonably protect the public or the victim, or assure the person's appearance in court.

Humphrey applies to the judge's decision in court. It did not decide the role of bail schedules before arraignment, so schedules are still used at the jail in the hours after an arrest. Guidance from California probation chiefs describes schedules as a provisional starting point that a judge can then adjust.

What this means for families

In practice, there are usually two moments when bail can change:

1. Right after booking. Bail is normally the schedule amount. You can often post it quickly, through cash or a bail bond, and skip waiting for court.
2. At the first court date. The judge may lower bail, raise it, order O.R. release with or without conditions, or in limited cases deny release.

Whether to post now or wait for court depends on the charge, the person's record and how soon the first court date is. A defense attorney can tell you how likely a reduction is. A bail agent can tell you the current amount and how fast release could happen. Our page on how bail works walks through posting a bond, and our guide to bail bond costs explains pricing. Premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available.

How to find your county's bail schedule

Each superior court posts its schedule, usually as a PDF on the court website's criminal division page. Search the court's name plus "bail schedule."

• Riverside County: Superior Court of Riverside County, Criminal division page, "Felony and Misdemeanor Bail Schedule."
• San Bernardino County: Superior Court of San Bernardino County, Criminal division, "Felony-Misdemeanor Bail Schedule." In June 2020, this court adopted a schedule setting $0 bail for misdemeanors, with certain exceptions. Check the current version for today's rules.
• Orange County: Superior Court of Orange County, Criminal section, felony bail schedule.
• San Diego County: Superior Court of San Diego County, Criminal resources, "Bail Schedule."
• Los Angeles County: Superior Court of Los Angeles County, Criminal division, felony and misdemeanor bail schedules. Los Angeles also uses a Pre-Arraignment Release Protocol, in effect since October 1, 2023, that releases many people arrested for non-violent, non-serious offenses without money bail. Money bail amounts for other arrests still come from the bail schedules.

Schedules are long and full of code sections, and the final amount can depend on enhancements and prior convictions. Reading the schedule gives you a ballpark. The jail or a bail agent can tell you the actual amount set for your loved one. For local details, see our Orange County and San Diego County pages.

Common questions

Why is bail higher than the schedule says?

Enhancements, multiple charges, a warrant with its own amount, or an officer's request under Penal Code section 1269c can all raise the total. Each charge may carry its own bail.

Can bail be lowered?

Yes. A defendant can ask a magistrate before court in many cases, and the judge can change bail at arraignment or a bail hearing. A defense attorney usually makes that request.

Is there any charge with no bail at all?

Some. Capital offenses and certain violent or sexual felonies can be denied bail under the California Constitution when the court makes specific findings. Holds from other agencies can also block release. See our guide on what happens after an arrest for what to expect in the first few days.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

Need help now?

OnCall Bail Bonds has licensed agents who answer 24/7 in English and Spanish. We will look up the bail amount, explain whether it may change in court, and let you sign from your phone. Call (951) 339-3801 or start bail online.