Bail

Bail is the money or property you give the court as a guarantee that you will show up to all of your future court dates. In exchange, you get to leave jail and go home while your case moves forward. If you appear when required, the bail comes back at the end of the case. If you skip court, it is forfeited and a warrant is issued for your arrest.

How Bail Works in California

In California, bail is initially set according to a county bail schedule. Each county — including Los Angeles — publishes a list that assigns a presumed bail amount to each charge, and that schedule is what the jail uses immediately after booking. For example, a felony domestic violence charge under Penal Code § 273.5 typically carries a much higher schedule amount than a first-offense misdemeanor DUI under Vehicle Code § 23152.

At your arraignment, a judge can keep the scheduled amount, raise it, lower it, or release you on your own recognizance (O.R.) with no money required. Under Penal Code § 1275, the court must consider the seriousness of the offense, your prior criminal record, the probability you will appear, and public safety. After the California Supreme Court’s 2021 decision in In re Humphrey, judges are also required to consider your actual ability to pay — they cannot set bail at an amount that effectively keeps you locked up just because you are not wealthy.

You generally have three ways to post bail in California: pay the full amount in cash, post property worth at least double the bail amount, or use a licensed bail bondsman. A bondsman typically charges a non-refundable premium of around 10% of the total bail. That premium is gone forever, even if your case is dismissed the next day, which is why fighting for a lower amount or O.R. release at the arraignment can save your family thousands of dollars.

Certain charges in California come with no-bail holds or special restrictions. Capital offenses, some violent felonies under the Three Strikes Law, and certain domestic violence cases may require a separate hearing before any release. Immigration holds (ICE detainers) can also keep someone in custody even after bail is posted, which makes early legal intervention especially critical for non-citizens facing California criminal charges.

Why Bail Matters to Your Defense

Getting out of jail is not just about comfort — it is about your defense. Defendants who remain in custody have a much harder time meeting with their attorney, gathering witnesses, holding onto their job, and preparing for trial. Studies and California courts have repeatedly recognized that pretrial detention pressures people into accepting plea deals they would otherwise reject. A skilled criminal defense attorney fighting for low bail or O.R. release at arraignment is fighting for your ability to actually defend yourself.

A good attorney will come to the bail hearing prepared. That means letters from employers, proof of community ties, evidence of stable housing, treatment records when relevant, and case law supporting release. If bail was set too high at arraignment, your lawyer can file a Penal Code § 1289 motion to reduce it later, especially when circumstances change or new information becomes available.

It also matters strategically. Posting bail does not mean the case is over — it means the real fight is just beginning. The time you spend out of custody is the time your defense team uses to investigate, interview witnesses, file motions to suppress evidence, and negotiate with the prosecution from a position of strength rather than desperation.

Related Legal Terms

Bail is closely tied to what happens at arraignment, the rules around booking after arrest, and your constitutional right to counsel. If bail is denied or unaffordable, options like a habeas corpus petition or a motion to reduce bail may apply, and our DUI defense and domestic violence defense teams routinely litigate bail issues for clients across Greater Los Angeles.

Facing Charges Where This Applies?

If a loved one has just been arrested and you are trying to figure out how to get them out, time matters. Attorney Chris Nalchadjian and the team at KN Law Firm provide free, confidential consultations any time of day or night and can move quickly to fight for release. Call (888) 950-0011 now.