California Bail Bonds Law: Right to Bail
The Right to Bail is not only protected by the US Constitution, it is codified in the California Penal Code. The following California Bail laws are taken directly from the Penal Code regarding the right to bail in California. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.
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Application of other sections |
Penal |
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Bail on habeas corpus when offense is capital |
Penal |
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Bail statement; warrant |
Penal |
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Bail; admission for probation or an appeal |
Penal |
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Bail; nature of |
Penal |
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Bail; offenses not bailable |
Penal |
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Capital offense; bail on habeas corpus |
Penal |
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Cause; showing; for increase or reduction of bail |
Penal |
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Conviction; prior to; admittance to bail |
Penal |
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Detention and review of order fixing amount of bail |
Penal |
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Habeas corpus; bail on capital offense |
Penal |
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Nature of bail |
Penal |
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Notice to district attorney |
Penal |
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Offenses not bailable |
Penal |
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Orders admitting defendant to bail |
Penal |
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Warrant; bail statement |
Penal |
Application of other sections
Penal 1288
1288. The provisions contained in sections 1279, 1280, 1280a and 1281, in relation to bail before indictment, apply to bail after indictment.
Bail on habeas corpus when offense is capital
Penal 1286
1286. When the defendant is so delivered into custody he must be held by the Sheriff, unless admitted to bail on examination upon a writ of habeas corpus.
Bail statement; warrant
Penal 982
982. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the Sheriff of the county in which the indictment is found or information filed, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the following effect: “Or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment (or information);” and the Court, upon directing it to issue, must fix the amount of bail, and an endorsement must be made thereon and signed by the Clerk, to the following effect: “The defendant is to be admitted to bail in the sum of ____ dollars.”
Bail; admission for probation or an appeal
Penal 1272
1272. After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail: 1. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only. 2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors. 3. As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.
Bail; nature of
Penal 1273
1273. If the offense is bailable, the defendant may be admitted to bail before conviction: First–For his appearance before the magistrate, on the examination of the charge, before being held to answer. Second–To appear at the Court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination. Third–After indictment, either before the bench warrant is issued for his arrest, or upon any order of the Court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the Court in which it is found, or to which it may be transferred for trial. And after conviction, and upon an appeal: First–If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate Court may direct, if the judgment is affirmed or modified, or the appeal is dismissed. Second–If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the Court to which said cause may be remanded, and submit himself to the orders and process thereof.
Bail; offenses not bailable
Penal 1270.5
1270.5. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom.
Cause; showing; for increase or reduction of bail
Penal 1289
1289. After a defendant has been admitted to bail upon an indictment or information, the Court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount be increased, the Court may order the defendant to be committed to actual custody, unless he give bail in such increased amount. If application be made by the defendant for a reduction of the amount, notice of the application must be served upon the District Attorney.
Conviction; prior to; admittance to bail
Penal 1271
1271. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.
Detention and review of order fixing amount of bail
Penal 1270.2
1270.2. When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review.
Notice to district attorney
Penal 1274
1274. When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given to the District Attorney of the county.
Orders admitting defendant to bail
Penal 1269a
1269a. Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon a written order of a competent court or magistrate admitting the defendant to bail in the amount specified in the endorsement referred to in Section 815a, and where an undertaking is furnished, upon a written order of such court or magistrate approving the undertaking. All such orders must be signed by such court or magistrate and delivered to the officer having custody of the defendant before the defendant is released. Any officer releasing any defendant upon bail otherwise than as herein provided shall be guilty of a misdemeanor.
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Updated: 03/03/2010