Felony Bail Bonds

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 offense 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 offenses are “wobblers” — punishable at the court’s discretion as either a felony or a misdemeanor. Under § 17(b) such an offense 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 offenses, weighting it for the seriousness of the offense and adding amounts for aggravating or enhancing factors. It applies before a person has appeared in front of a judge.

One thing can stop a bond being accepted even after the amount is settled. Under Penal Code § 1275.1 a judge may place a source-of-funds hold where there is probable cause to believe the money behind the bail was feloniously obtained. Holds appear most often on larger felony filings involving money or property, and only a court can release one.

When a hearing is required first

Under Penal Code § 1270.1, certain offenses require a hearing in open court before release on own recognizance or on bail at an amount other than the schedule — with two court days’ written notice to the prosecutor and the defense. 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.

What the schedule sets for the felonies we are called about most

These are figures from the 2026 Orange County Uniform Bail Schedule. They are the starting point a jail uses before anyone sees a judge, and each one is explained in more depth on the charge page it links to.

Not every felony section appears in the schedule. Where a section is not tabulated — several firearm offenses are in that position — the schedule directs that bail be set according to the state prison top term potential under the general felony guidelines, which is why two people booked the same night on what sounds like the same charge can be quoted very different numbers.

Two felonies are not really about the underlying conduct at all. A probation violation under Penal Code § 1203.2 is frequently held with no bail until the court rules, and a failure to appear under § 1320.5 adds a second bail on top of the one already posted.

The full 2026 schedule — how it is built, what happens to charges it does not list, and how strike priors and multiple counts are handled — is explained on the Orange County bail schedule page. For an arrest on the Los Angeles side of the county line, see the Los Angeles County schedule, which works very differently.

Where the money charges sit

Forgery, identity theft and grand theft are covered on fraud and forgery — including the Orange County rule that grand theft is $20,000 or the amount of the theft, whichever is higher, and why a PC 1275.1 source-of-funds hold is unusually likely in those cases.

Felony or misdemeanour — what actually changes

Wobblers sit between the two, and the same conduct can be charged either way — which is why the section and subdivision as booked matter more than any description of what happened. Compare: felony bail and misdemeanour bail, with the mechanics in how California bail schedules work.

Questions families ask us

Is felony bail always high?

Higher than misdemeanor bail as a rule, but the figure depends on the specific offense and any enhancements. We quote the actual booking rather than a range.

Can felony bail be reduced?

A defense attorney can ask a court. For the offenses 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 defense 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.

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