Disorderly Conduct (Penal Code 647)

Penal Code 647 is one statute covering several quite different situations, which is why two people booked under “647” can be in completely different positions. All the subdivisions are misdemeanours, and most end without a bail bond ever being needed.

The subdivisions that come up

Why 647(f) is the classic overnight hold

Here is the thing families most need to understand. A misdemeanour normally defaults to release on a notice to appear under Penal Code 853.6 — but the first listed exception in 853.6(i) is that the person was so intoxicated they could have been a danger to themselves or others. A public intoxication arrest is, definitionally, that exception.

So the person is typically held until sober, and then frequently released without bail being posted at all. Calling a bail agent at 2am for a 647(f) is often unnecessary, and we would rather tell you that than take the call. Ask the facility directly what their release practice is and whether a bail amount has even been set. See cite and release and how long release takes.

When it does become a bail question

• An outstanding warrant surfaces during the booking check. This is the usual reason — see how to check for a warrant.
• Additional charges from the same incident, such as resisting or battery.
• A probation or parole hold, which a bond will not resolve — see probation violation and parole violation holds.

Where the person physically is

A short hold like this often happens at a city facility rather than county custody, and the facility’s classification decides how long they can stay there — a Temporary Holding facility must move someone within 24 hours. See what the classifications mean.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required before release 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.

The process around it

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, then our Orange County and Los Angeles County jail guides, and find an inmate.

Neither county’s Superior Court publishes a public city-by-city table assigning criminal cases to courthouses. The release paperwork names the courthouse, date and time, and it governs — see understanding your release paperwork and all courthouses.

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 on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, not by the arresting agency, and bail schedules are revised annually. Always confirm current details with the facility, the court, or a criminal defence lawyer. California bail license 1841014.