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Bail Services

Misdemeanor Bail Bonds

Lower bail, faster release, and the charges that can be filed either as a misdemeanor or a felony.

Serving Southern California Since 1997 · Open 24 Hours · Licence 1841014

Misdemeanor cases are usually the most straightforward bail situations we handle — but “straightforward” is not the same as automatic, and some misdemeanors carry rules that surprise people.

What counts as a misdemeanor

California defines this by exclusion. Under Penal Code § 17, a felony is an offence punishable by death, state prison, or county jail under § 1170(h); every other crime is a misdemeanor unless it is an infraction. There is no separate list to memorise.

Wobblers

Under § 17(b), an offence punishable either way becomes a misdemeanor in defined circumstances — among them where the prosecutor files it as a misdemeanor (unless the defendant objects at arraignment), where probation is granted and the court declares it a misdemeanor, or where the court determines before trial that it qualifies.

Common wobblers include some drug offences and domestic violence under § 273.5. Until the filing decision is made, the booking classification is provisional.

How misdemeanor 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.

Some misdemeanor arrests end in a citation and a promise to appear rather than a bail posting. Where that happens no bond is needed — and we will tell you so rather than sell you one.

A misdemeanor is still a criminal case. Missing the court date can turn it into something considerably worse: a bench warrant under Penal Code § 978.5. See warrant bail bonds.

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

Will they be released the same day?

Often, but booking has to finish first and the jail sets the pace. We can tell you where they are and what stage they are at.

Is a bond always needed?

No. If the person is being cited out, no bond is required. We will say so.

Can a misdemeanor become a felony?

For wobblers the filing decision rests with the prosecutor. That is a question for 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 DUI bail bonds and felony 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.

Please note: American Freedom Bail Bonds is a licensed California bail bond agency (licence 1841014). We are not attorneys and nothing on this page is legal advice. Statute references are general information and law and local practice change. We cannot guarantee bail amounts, release times, eligibility for release, or any case outcome. For advice on a specific case, speak to a defence attorney.