Arrested in LA County? How the 2023 Release Rules Work

Since October 1, 2023, the Los Angeles County Superior Court has used Pre-Arraignment Release Protocols for the time between arrest and the first court date. Under these rules, many people arrested for misdemeanors or non-violent, non-serious felonies are cited and released or booked and released without paying bail. Some offenses go to a judge, called a magistrate, for review, and most serious or violent felonies still require money bail.

Here is how the categories work, what they mean for your family, and why you should check current rules for your situation.

What changed in 2023

In July 2023, the Los Angeles County Superior Court announced new bail schedules that took effect October 1, 2023. For many lower-level offenses, the schedule now lists a release action instead of a dollar amount. The court's stated goal was to base pre-arraignment release on risk rather than on ability to pay. Presiding Judge Samantha P. Jessner said at the time, "A person's ability to pay a large sum of money should not be the determining factor."

These protocols cover only the time before arraignment, which is the first court appearance. Once a person is in front of a judge, that judge decides bail and release conditions for the rest of the case.

The five categories

The court's notice, as published by the Los Angeles County Sheriff's Department, sorts offenses into five groups:

1. Cite and Release

For many non-violent, non-serious offenses, the officer can issue a citation in the field, or book the person first, and release them with a signed promise to appear in court. No bail is paid.

2. Book and Release

Similar offenses where the officer chooses to book the person. After booking, the person is generally released on $0 bail with a signed promise to appear, unless an exception applies.

3. Magistrate Review

Offenses the court considers higher risk are sent to a magistrate for an individual decision. The court's notice gives examples such as offenses involving children or seniors, firearms or sexual battery. It also covers felony arrests of people on parole or Post-Release Community Supervision, and lower-level offenses with certain exceptions or enhancements.

Magistrates are available 24 hours a day. The magistrate can release the person on $0 bail with conditions the person must agree to, or can delay release if there is clear and convincing evidence that public or victim safety, or the person's return to court, cannot reasonably be assured.

4. Money Bail

People arrested for domestic violence offenses and for nearly all serious or violent felonies are not eligible for non-financial release before arraignment. They can be released only by posting the bail amount on the schedule, either in cash or with a bail bond.

5. Not Eligible for Release

Capital offenses and certain felonies listed in the California Constitution and Penal Code section 1270.1 are not eligible for release before arraignment.

What this means for your family

• Your loved one may come home without bail. If the charge is in the cite and release or book and release category, they may be released after booking with a court date. Make sure they keep that paperwork.
• Magistrate review can take time. If the case goes to a magistrate, there is no amount you can pay to skip that step. The decision is made on the individual case.
• Serious or violent charges still have bail. For those, the bail schedule amount applies until a judge says otherwise. This is where a bail bond comes in.
• A judge can change things at arraignment. Even someone released before court can have conditions set later, and bail can be raised or lowered.

Whatever happens before arraignment, the court date still matters. Missing it can lead to a warrant.

Where people are held in LA County

People arrested by the Sheriff's Department or by city police may be held first at a station or city jail, and some are moved to county jail facilities such as the Inmate Reception Center or the Century Regional Detention Facility. Our guide to finding someone in jail in Southern California explains how to use the Sheriff's Inmate Information Center.

The legal background, briefly

The 2023 protocols came during litigation over cash bail in Los Angeles. In May 2023, in Urquidi v. City of Los Angeles, Superior Court Judge Lawrence Riff issued a preliminary injunction that barred the LAPD and the Sheriff's Department from using the bail schedule to hold many people before arraignment. Courthouse News reported in October 2023 that the judge declined to dissolve that injunction after the new protocols took effect.

Separately, a group of cities in Los Angeles County sued to stop the new protocols. In December 2023, an Orange County Superior Court judge refused to suspend them, finding there was no constitutional requirement to use cash bail, while allowing the cities to amend their lawsuit.

Rules like these can be updated by the court, the Legislature or new court rulings. Before you assume a charge is in a particular category, confirm the current bail schedule with the Los Angeles County Superior Court, a defense attorney or a licensed bail agent.

When a bail bond is still needed

If the charge requires money bail, or a judge sets bail at arraignment, you can pay the full amount in cash or use a licensed bail agent. A bond premium is typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available. Our how bail works page and our article on bail bond costs explain the options.

For local information, see our Los Angeles County bail bonds page.

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' licensed agents answer 24/7 in English and Spanish, and you can sign from your phone. If you're not sure whether bail applies, we can help you find out. Call our Los Angeles County line at (323) 524-2803 or start bail online.