Misdemeanor Bail Bonds

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 offense 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 offense 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 offenses 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 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.

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.

There is also a route that involves no money at all. Under Penal Code § 1270(a), a defendant in custody who is arraigned on a misdemeanor complaint is entitled to own recognizance release unless the court makes a finding on the record, under § 1275, that it would compromise public safety or not reasonably assure their appearance. On a misdemeanor, that is often the likelier outcome at arraignment than a bond — and it is worth knowing before anyone pays a premium.

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.

The misdemeanor charges families call about most

Four groups account for most of the misdemeanor calls we take, and each one turns on a threshold worth understanding before you post anything.

• Theft and shoplifting. Proposition 47 drew the line at $950. Under Penal Code § 459.5, entering an open business during regular hours intending to take property worth $950 or less is shoplifting, a misdemeanor. Above that figure, or outside business hours, the same facts can be charged as burglary.
• Assault and battery. Penal Code § 240 and § 242 are the simple versions and are misdemeanors. What lifts a case out of this page is a weapon, or an injury serious enough for § 243(d) — both of which move the file to felony bail.
• Weapons charges. Several carrying offenses are wobblers, and the deciding facts are usually whether the firearm was loaded, whether it was concealed, and whether the person was the registered owner.
• Failure to appear. Under Penal Code § 1320, missing court on a misdemeanor is itself a misdemeanor. It is the most avoidable charge on this list and the one that most often turns a finished case back into an open one.

A probation violation on a misdemeanor case is handled under § 1203.2 and is a separate matter again — it is not a new crime, and the court, not the schedule, controls whether bail is set at all.

Common misdemeanour charges in detail

Two of the misdemeanours we are called about most have their own pages: vandalism, where the damage figure decides whether it is an infraction, a misdemeanour or a felony, and resisting arrest, where PC 148 and PC 69 share a name but are very different charges.

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

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 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 DUI bail bonds and felony bail bonds, or all of bail bond services. Cost options are on payment plans.

Related