Bail After An Arrest
Penal Code 825 — a judge within 48 hours, and own recognizance on a misdemeanor
In California, a person arrested is taken before a magistrate without unnecessary delay, and in any event within 48 hours after the arrest, not counting Sundays and holidays. If that time runs out when court is not in session, it extends into the next court session on the following judicial day.
A person held on a misdemeanor is entitled to release on their own recognizance, with two exceptions. A defendant in custody and arraigned on a misdemeanor complaint is entitled to release on their own recognizance unless the court finds on the record that it would compromise public safety or would not reasonably assure the defendant's appearance. Anyone arrested for an offense other than a capital offense may be released on their own recognizance.
Before a defendant has appeared before a judge, bail is the amount in the arrest warrant or, if there is none, the amount in the county's uniform bail schedule, which the superior court judges adopt and revise every year. After an appearance, it is the amount the judge sets.
In setting, reducing or denying bail, the judge considers the protection of the public, the seriousness of the offense, the defendant's criminal record and the likelihood of appearing in court, and public safety is the primary consideration. Reducing bail below the schedule for a serious or violent felony takes a finding of unusual circumstances on the record.
After an arrest, a California attorney may visit the prisoner at the request of the prisoner or a relative. An officer who willfully refuses is guilty of a misdemeanor and forfeits $500 to the person wronged.
Sources for this section (4)
- Penal Code 825 — Taking an arrested person before a magistrate within 48 hours
- Penal Code 1270 — Release on one's own recognizance
- Penal Code 1275 — What a court considers in setting bail
- Penal Code 1269b — The county bail schedule and posting bail
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.