What Is a Hold? Warrants, Probation Holds and ICE Detainers Explained

A "hold" means the jail has a reason to keep someone in custody that is separate from the charge they were just booked on. It might be a warrant from another county, a probation or parole violation, or a request from immigration authorities. Holds matter because posting bail on the new charge does not clear a hold. The person stays in custody until each hold is resolved.

Why holds confuse families

Here is a common scenario. You look up your loved one, see a bail amount, and get ready to post it. Then a bail agent or jail staff tells you there is a hold, and bail on the new charge alone will not get them out.

The jail looks at every reason it has to hold someone, not just the newest arrest. Release happens only when each one is cleared, whether by bail, a court order, or the agency that asked for the hold lifting it. That is why the first step is always to find out exactly what holds exist.

How to find out if there is a hold

• Check the inmate locator. Some sheriff locators show holds or "no bail" next to a charge. Others only show the new booking. Our guide on finding someone in jail in Southern California covers each county's search.
• Call the jail. Jail staff can usually tell you whether bail can be posted and whether another agency has a hold.
• Ask a bail agent. Checking for holds is a routine part of our job before anyone pays anything.
• Ask the defense attorney. If your loved one has a lawyer, they can see the full picture, including old cases.

"No bail" holds

Sometimes the booking shows "no bail" or a bail amount of zero with no release. That can mean different things, so do not assume the worst or the best.

In some cases, it means the person is not eligible for release before seeing a judge. The California Constitution and Penal Code section 1270.1 set out the offenses where bail can be denied or where bail decisions have to wait for a court hearing, such as capital offenses and certain serious violent felonies. In other cases, "no bail" is attached to a hold, such as a probation violation, and only a judge can set terms. Either way, the next step is usually the first court appearance, where a judge decides.

Warrants from another county

If someone is arrested in Orange County and there is an old warrant out of San Bernardino County, the arresting county can hold them for the other county. This is often called an out-of-county warrant or "courtesy hold."

Many warrants have a bail amount written on them by the judge who issued them. Under California Penal Code section 821, a person arrested in another county on a warrant must be told in writing of their right to go before a magistrate in the county of arrest, and if they ask, the magistrate must admit them to bail in the amount endorsed on the warrant.

In practice, this means a warrant may need its own bail posted, separate from the new charge. Sometimes the county that issued the warrant picks the person up and transports them back, which can take time. A bail agent who works in multiple counties can help sort out which bail goes where. We cover all five SoCal counties, including Riverside County and San Bernardino County.

Some warrants have no bail amount at all. Those generally require the person to go before the judge who issued the warrant.

Probation holds

If someone is on probation and gets arrested, their probation officer or the court may place a hold for a possible violation. Under Penal Code section 1203.2, an officer who believes a person on probation is violating a condition can rearrest them and bring them before the court.

California law gives people arrested for probation violations real protections. Penal Code section 1203.25 says a person arrested on a probation violation generally must be released on their own recognizance unless the court finds, by clear and convincing evidence, that the facts justify something more. The court must use the least restrictive conditions needed. It can only impose cash bail if it makes a specific finding, must consider the person's ability to pay, and the law notes that in this situation bail means cash bail, not a bail bond.

So for a probation hold, the decision usually belongs to a judge at a hearing, not to a bail schedule. A bail bond may not be the tool that resolves the hold itself, though it may still be needed for any new charge.

Parole holds

State parole works a little differently. Under Penal Code section 3056, a parolee awaiting a revocation hearing may be housed in county jail, and once arrested, the court may order the parolee released under any terms it considers appropriate.

Because the decision rests with the court, a parolee with a hold often stays in custody until that is addressed, even if bail is posted on a new charge. Some counties also send parolees arrested on new charges to a magistrate for review rather than releasing them on a schedule. Los Angeles County's pre-arraignment release protocol, for example, sends some non-serious felony arrests of people on parole or post-release community supervision to a magistrate.

Post-release community supervision (PRCS) and mandatory supervision are county-run versions of supervision for people released from prison or jail. Penal Code section 1203.2 lets the court order release from custody under terms it finds appropriate for these cases as well.

Immigration detainers (ICE holds)

An immigration detainer, often called an ICE hold, is a request from federal immigration authorities asking a local jail to keep someone in custody or notify them before release. California limits what local jails can do with these requests under the California Values Act, passed as Senate Bill 54 in 2017.

According to the California Attorney General's January 2025 guidance to law enforcement:

• California sheriffs and police may not keep someone in custody past their normal release time because of an immigration hold request.
• They may share a release date or transfer someone to immigration authorities only in limited situations, such as when the person has certain serious or violent felony convictions or certain other convictions listed in state law (Government Code section 7282.5), or when there is a judicial warrant.
• If an agency gives a release date to immigration authorities, it must also promptly notify the person and their attorney or designee in writing.

What this means for bail depends heavily on the person's history, and the outcome is not always predictable. If someone may be subject to immigration enforcement, talk to an immigration attorney before posting bail. They can explain what may happen at release. We are happy to discuss timing, but we cannot give immigration advice.

What families can do

1. Get the full list of holds from the jail, a bail agent or the attorney before you pay anything.
2. Find out which ones have bail amounts. A new charge and a warrant may each have their own bail.
3. Find out which ones need a judge. Probation and parole holds usually do. Ask when the next court date is.
4. Get a lawyer involved early for probation, parole or immigration issues. A public defender is appointed if the person cannot afford one.
5. Do not pay bail on one charge expecting release if there is an unresolved hold, unless you understand the plan for the hold.

For a broader picture of the first few days, read what happens after an arrest.

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 check for holds before you pay anything, explain what can be bailed out, and let you sign from your phone. Call (951) 339-3801 or start bail online.