Bail amounts & costs
How California Bail Schedules Work
Why every county has a different number for the same charge, who writes the schedule, and when it stops applying.
The same charge can carry a very different bail amount depending on which county the arrest happened in. That is not a quirk — it is how the statute is designed. Penal Code § 1269b requires the judges of each superior court to adopt and annually revise a countywide schedule of bail, and before a defendant appears before a judge, the amount generally comes from either the warrant or that county schedule.
What the statute actually does
- It makes the schedule countywide. Each county’s superior court judges adopt their own, so 58 counties means 58 schedules.
- It requires annual revision. Schedules are not fixed documents — always check the edition date on the one you are reading.
- It governs the pre-appearance period. Before a defendant is taken before a judge, bail comes from the warrant if there is one, or from the county schedule.
- It limits what a release actually clears. Subdivision (g) provides that posting bail discharges the person from custody as to the offence on which the bail is posted — and nothing more. That single clause is why a second warrant or a hold keeps someone inside.
Why two counties give different answers
Our two counties are a good illustration, because they diverge more than most.
| Orange County | Los Angeles County | |
| Structure | A conventional dollar schedule | A dollar schedule plus pre-arraignment release protocols |
| Most non-violent offences | Carry a dollar figure | Marked CR, BR or MR at $0 bail |
| Unlisted felonies | Priced from the state prison top term using a guideline table | Guideline figures apply where a judge sets an amount |
| Domestic violence | Money bail, § 1270.1 hearing required | Money bail, expressly excluded from the protocols |
The consequence families feel: the same conduct a mile apart can produce a completely different night, and it is the city of arrest that decides, not where the person lives. County detail: the Orange County bail schedule explained and the Los Angeles County bail schedule.
What a schedule does not do
This is the part most often misread. The schedule binds the jail, not the judge. It gives the amount that lets someone post bail before seeing a judge at all. Once a judge is involved:
- Penal Code § 1275 sets the factors — public safety as the primary consideration, the seriousness of the offence, the previous record, and the probability of appearing. Since In re Humphrey (2021) 11 Cal.5th 135 the court must also consider ability to pay.
- § 1275(c) requires a finding of unusual circumstances, stated on the record, before bail goes below the county schedule for a serious felony under § 1192.7(c) or a violent felony under § 667.5(c).
- § 1269c lets a magistrate increase bail above the schedule without a hearing, on a sworn peace officer’s declaration.
- § 1270.1 forbids release at any figure other than the scheduled amount, or on own recognizance, before a hearing in open court for specified domestic violence offences and serious or violent felonies.
More on the hearing itself: bail reduction hearings and arraignment.
Reading a schedule without getting it wrong
- Check the edition date. They are revised annually, and stale copies circulate widely — the Los Angeles court’s older web address still serves 2022 editions.
- Find the section as booked, not the charge as described. Schedules key off code sections.
- Check the subdivision. On the Orange County schedule, § 245(a)(1) is $25,000 and § 245(a)(2) is $50,000 — the same incident in plain language.
- Add enhancements and priors. One strike prior takes bail to $100,000 in Orange County; two take it to $200,000.
- Check whether § 1270.1 applies, because if it does, the scheduled figure cannot simply be negotiated down that night.
The schedule is not the price
A final distinction worth stating plainly: the schedule sets the bail. A bail bond costs a premium, which is a percentage set by the rate the surety has filed with the California Department of Insurance — not a figure fixed by statute. See cash bail versus a bail bond and payments.
Questions we get asked most
Who sets the bail schedule in California?
The judges of each county’s superior court. Penal Code § 1269b requires them to adopt and annually revise a countywide schedule of bail for bailable offences.
Why is bail different in different California counties?
Because the schedule is countywide by statute. Each county’s judges adopt their own, so the same charge can carry different amounts in different counties.
Does the bail schedule bind the judge?
No. It governs the period before a defendant appears before a judge. At and after that appearance the court sets bail under Penal Code § 1275 and related sections.
How often are California bail schedules updated?
Annually. Always check the edition date on the document you are reading, because out-of-date copies circulate widely online.
Does posting the scheduled bail get someone out?
Only as to that offence. Penal Code § 1269b(g) provides that posting bail discharges the person as to the offence the bail was posted on and nothing more, so a second warrant or a hold will keep them in custody.
Related resources
Orange County bail schedule · LA County bail schedule · OC bail amount lookup · LA bail amount lookup · Bail reduction hearings · How bail works in California
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