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Bail law

What Is a Wobbler, and Why Does It Change the Bail?

The most important word on a booking sheet that nobody explains — because it decides whether this is a felony or a misdemeanour.

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Families read a booking sheet, see the word “felony”, and assume the worst has already been decided. Very often it has not. A large share of California offences are wobblers — chargeable as either a felony or a misdemeanour — and that single distinction moves the bail figure more than almost anything else.

What the term means

A wobbler is an offence the law permits to be treated as either a felony or a misdemeanour. Penal Code 17 defines the classes of crime, and 17(b) provides the mechanisms by which a wobbler may be treated as a misdemeanour in defined circumstances. Some offences may also be treated as an infraction.

Who actually decides

  1. The arresting officer records a charge at booking. This is not the filing decision.
  2. The bail figure is computed from that booking charge using the county schedule, before anyone has evaluated the evidence.
  3. The prosecutor then decides independently, and may file a misdemeanour, a felony, something different, or nothing at all.
  4. The court has a role too, through the PC 17(b) mechanisms.

That sequence explains what families find hardest to accept: tonight’s bail figure can reflect a charge that is never filed. See understanding your release paperwork.

Why it changes the money so much

Charged as a misdemeanour Usually defaults to release on a written notice to appear under Penal Code 853.6 — no bail amount at all. See cite and release and misdemeanour bail.
Charged as a felony A scheduled figure applies, enhancements stack, and a hearing may be required before release in serious cases under PC 1270.1. See felony bail.

Wobblers you will meet on this site

Many charges we are called about are wobblers: receiving stolen property (PC 496), vehicle theft (VC 10851), grand theft (PC 487), assault with a deadly weapon (PC 245), resisting an executive officer (PC 69), false imprisonment, identity theft (PC 530.5), accessory after the fact (PC 32) and dissuading a witness (PC 136.1).

What this means practically

Do not treat the booking charge as a verdict. What it does control is tonight’s number — and if that number is out of reach, the answer is a lawyer arguing for a reduction rather than a larger premium. See bail reduction hearings and how to get a public defender.

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.


Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.

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