Bail process
The Preliminary Hearing
A felony-only hearing that happens weeks after arraignment — and one of the few points where bail can move significantly in either direction.
Families often assume arraignment is the hearing that decides things. For a felony it usually is not. The preliminary hearing comes later, it is where the court decides whether there is enough evidence to hold the defendant to answer, and it is one of the few moments when bail genuinely moves — sometimes down, sometimes up.
Arraignment and preliminary hearing are not the same thing
| Arraignment | Preliminary hearing | |
| When | Within 48 hours of arrest, excluding Sundays and holidays (Penal Code § 825) | Weeks later |
| Who gets one | Everyone charged | Felony cases — misdemeanours do not have one |
| What happens | Charges read, plea entered, bail set or reviewed, counsel appointed | Evidence is heard; the court decides whether the case proceeds |
| Evidence? | No | Yes — witnesses can testify and be cross-examined |
| Effect on bail | First judicial look at the amount | Can change significantly once the evidence is heard |
See arraignment for the first hearing.
What the court is actually deciding
Not guilt. The question is narrower: is there sufficient cause to believe the defendant committed a felony, such that the case should proceed? The standard is well below the trial standard, which is why most cases are held to answer. If the court finds insufficient cause on a count, that count can be dismissed there and then.
Why bail can move here — in both directions
- Counts dismissed or reduced. If the evidence does not support the most serious count, the charge driving the bail figure may disappear. In Orange County, where felony bails do not stack count by count and the highest single amount plus enhancement governs, losing the top count can change the number substantially.
- A wobbler reduced to a misdemeanour changes the tier entirely — see felony and misdemeanour bail.
- Bail can also increase. If the evidence is stronger than expected, or new allegations are added, the prosecution can ask for more. Penal Code § 1289 allows the court in which the charge is pending to increase or reduce bail on good cause shown.
- Enhancements can be added or struck, and a strike allegation moves the figure more than almost anything else.
If a reduction is what you are hoping for, the mechanism is the same as at any other stage — see bail reduction hearings, including the § 1275(c) “unusual circumstances” rule for serious and violent felonies.
What it means for a bond already posted
This is the practical question for anyone who has already paid a premium.
- If the case is held to answer, the bond continues. Nothing restarts and no new premium is due for the same bond.
- If bail is increased, the existing bond may need to be increased too, which has a cost. Ask before the hearing, not after.
- If the case is dismissed, the bond is exonerated and the surety’s liability ends — but the premium is not refunded. It was earned when the bond was posted. See bail exoneration.
- The defendant must attend. A preliminary hearing is a required appearance, and missing it forfeits the bond exactly as missing arraignment would — see failure to appear and PC 1305.
Where it is heard
At the same courthouse handling the case — in Orange County one of the criminal justice centers, in Los Angeles County the courthouse covering the arresting city. Addresses for both counties are on our courthouses page, and if the date has been lost, how to find someone’s court date covers the case-access services.
Questions we get asked most
What is a preliminary hearing in California?
A felony-only hearing where the court hears evidence and decides whether there is sufficient cause to hold the defendant to answer, so the case proceeds. It is not a trial and does not decide guilt.
Do misdemeanours have a preliminary hearing?
No. It is a felony procedure.
Can bail change at the preliminary hearing?
Yes, in either direction. Counts can be dismissed or reduced, which can lower the figure, and the court can increase bail on good cause shown under Penal Code § 1289.
Is the premium refunded if the case is dismissed at the preliminary hearing?
No. The bond is exonerated and the surety’s liability ends, but the premium was earned when the bond was posted.
Does the defendant have to attend?
Yes. It is a required appearance, and missing it forfeits the bond and produces a bench warrant.
Related resources
Arraignment · Bail reduction hearings · Bail exoneration · After you post bail · Felony bail · Courthouses · Find a court date
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