Bail Services
Felony Bail Bonds
What makes a charge a felony in California, why felony bail is higher, and when a court hearing is required before bail can change.
Felony bail amounts are higher, and the rules about changing them are stricter. Both follow from how California defines a felony in the first place.
What counts as a felony
Under Penal Code § 17(a), a felony is a crime punishable by death, by imprisonment in state prison, or by imprisonment in county jail under § 1170(h). Every other offence is a misdemeanor, unless it is an infraction.
That last route — county jail under § 1170(h) — is why some felony sentences are served locally rather than in state prison. It does not make the charge a misdemeanor.
Wobblers: charges that can go either way
Many offences are “wobblers” — punishable at the court’s discretion as either a felony or a misdemeanor. Under § 17(b) such an offence becomes a misdemeanor in defined circumstances, including where the prosecutor files the complaint specifying it as a misdemeanor, where probation is granted and the court declares it a misdemeanor, or where the court determines before trial that it qualifies.
How felony bail is set
Bail comes from the uniform countywide schedule adopted under Penal Code § 1269b. The superior court judges in each county must prepare, adopt and annually revise that schedule for all bailable felony, misdemeanor and infraction offences, weighting it for the seriousness of the offence and adding amounts for aggravating or enhancing factors. It applies before a person has appeared in front of a judge.
When a hearing is required first
Under Penal Code § 1270.1, certain offences require a hearing in open court before release on own recognisance or on bail at an amount other than the schedule — with two court days’ written notice to the prosecutor and the defence. The list includes serious and violent felonies, threats under § 136.1, felony domestic violence under § 273.5 or § 422, violations of § 273.6, and stalking under § 646.9.
Where that applies, posting the scheduled amount is frequently the fastest lawful route to release, because a reduction cannot simply be requested at the jail.
Where they are held and where the case is heard
The Intake Release Center in Santa Ana accepts bail 24 hours a day; Theo Lacy only 8:00 a.m.–2:00 p.m.; Musick is not a bail acceptance point. See all jails.
The case is heard at the justice center for the city of arrest — North, Central, West or Harbor. See all courthouses.
Questions families ask us
Is felony bail always high?
Higher than misdemeanor bail as a rule, but the figure depends on the specific offence and any enhancements. We quote the actual booking rather than a range.
Can felony bail be reduced?
A defence attorney can ask a court. For the offences listed in § 1270.1 that requires a noticed hearing. Bail agencies cannot reduce bail and neither can the jail.
Does a felony arrest mean prison?
No. An arrest is not a conviction, and sentencing questions belong with a defence attorney.
Where we work from
Our three offices — Anaheim, Brea and La Habra — are open 24 hours and are our only physical locations. See locations and areas we serve.
See also misdemeanor bail bonds, drug charge bail bonds and warrant bail bonds, or all of bail bond services. Cost options are on payment plans.
Someone in custody right now?
Call the office nearest the city of the arrest. We will locate them, confirm the bail amount, and tell you honestly what can happen tonight.