Charges
Bail for Murder and Manslaughter Charges
The one category where the California Constitution allows bail to be denied outright — and where the schedule usually gives way to a judge.
For most charges, bail is a number from a schedule. For murder it frequently is not. California’s Constitution treats this category differently, and families need to understand that before they start looking for a figure.
What the Constitution says
Article I, section 12 of the California Constitution establishes a right to release on bail, with exceptions. The first is for capital crimes when the facts are evident or the presumption great. Further exceptions cover felonies involving violence or sexual assault where the court finds, on clear and convincing evidence, a substantial likelihood of great bodily harm to others, and cases involving threats of great bodily harm. See when bail can be denied.
Murder (Penal Code 187)
County bail schedules commonly treat murder as a matter for the court rather than listing a routine amount, and a person charged with murder is frequently held without bail pending a hearing. Where bail is set, it is set by a judge, and under In re Humphrey (2021) 11 Cal.5th 135 the court must weigh public and victim safety and the defendant’s circumstances. Special circumstances allegations change the analysis again. We will not estimate a figure for a murder case; nobody honestly can without the file.
Manslaughter (Penal Code 192) and related offences
| 192(a) voluntary | A killing upon a sudden quarrel or heat of passion. A serious felony. |
| 192(b) involuntary | A killing in the commission of an unlawful act not amounting to a felony, or a lawful act done without due caution. |
| 192(c) vehicular | Vehicular manslaughter, with or without gross negligence. |
| 191.5 | Gross vehicular manslaughter while intoxicated — see also DUI causing injury. |
Manslaughter cases are more often bail-eligible than murder cases, but the amounts are high, a hearing may be required under Penal Code 1270.1, and strike and enhancement consequences frequently apply — see three strikes and bail and how enhancements change bail.
What matters in the first days
- A criminal defence lawyer, immediately. The bail hearing in these cases is a litigated proceeding, not a counter transaction.
- Where the person is. These cases go to county custody — see the Orange County and Los Angeles County jail guides.
- Source of funds. Where a high bail is set, a court may examine where the money comes from under Penal Code 1275.1 — see PC 1275 holds.
Where they are, and what happens next
ProcessHow Long Release TakesWhat controls the clock once the money is in, and why releases stall.Read more
LawHow Bail Schedules WorkPC 1269b, 1269c and 1289 — who sets an amount and who can change it.Read more
ReferenceWhat Kind of Jail Is Holding Them24-hour Temporary Holding versus 96-hour Type I, and why it matters tonight.Read more
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin, plus our Orange County and Los Angeles County guides.
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. Statutes and local court practice change — confirm current details with the court, the facility, or a criminal defence lawyer. California bail license 1841014.
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