Felony Bail Bonds in California — 2026 Guide
Felony arrests trigger the same California bail process as misdemeanors, but with higher bail amounts, more judicial discretion, and more circumstances where bail may be denied entirely. Understanding how felony bail works helps families respond faster and more effectively.
How Felony Bail Is Set
Felony bail is set in one of two ways:
1. Preset bail schedule — The California Uniform Bail and Penalty Schedule lists fixed bail amounts for most common felony charges. For these charges, bail can be posted immediately at the jail — no arraignment required. Common preset felony bail amounts:
| Felony Charge | Typical Bail |
|---|---|
| Felony assault (PC 245) | $50,000–$75,000 |
| Residential burglary (PC 459) | $50,000–$100,000 |
| Drug sales (HS 11352) | $50,000–$100,000 |
| Grand theft (PC 487) | $20,000–$50,000 |
| Robbery (PC 211) | $100,000 |
| Carjacking (PC 215) | $100,000–$200,000 |
| Kidnapping (PC 207) | $100,000–$1,000,000 |
2. Judicial bail setting — For charges not on the schedule, or when the arresting officer notes a "judicial review hold," the defendant must wait for arraignment (within 48 hours under PC § 825) for a judge to set bail.
Felony Charges Where Bail May Be Denied
Under California Penal Code § 1270.5 and the California Constitution (Article I, § 12), bail may be denied for:
- Murder with special circumstances when the evidence is evident and the presumption great
- Felony sexual assault offenses when the defendant has prior sexual assault convictions
- Charges where the defendant poses a documented public safety threat
- Defendants with a history of willful failure to appear on prior felonies
When bail is denied, the defendant remains in custody through the conclusion of trial. This is called remand or no-bail hold.
The Arraignment Process for Felonies
If the defendant has a judicial hold or is charged with a non-scheduled felony:
- Arraignment — held within 48 hours of arrest (excluding Sundays and holidays)
- Defense request — defense counsel argues for low bail or OR release
- Prosecution argument — DA presents evidence of flight risk, danger, prior history
- Pretrial services — most CA counties provide the judge a risk assessment
- Judge's ruling — bail amount set; conditions may include home monitoring, check-ins, no-contact orders
Practical tip: If a family member is arrested on a Thursday night and has a felony hold, arraignment may not occur until Monday morning (weekends excluded). The defendant remains in custody until then.
Bail Conditions Common in Felony Cases
Beyond just posting bond, felony bail often comes with conditions:
- No-contact orders — common in domestic violence, assault, or stalking cases
- GPS monitoring — ankle bracelet required for some serious charges
- Travel restrictions — defendant may not leave California or must surrender passport
- Drug and alcohol testing — for DUI, drug offense, or substance-related felonies
- Firearms prohibition — mandatory for felony defendants
Violating any condition results in immediate bail revocation — the court issues a warrant and the defendant is taken back into custody. The bail bond may be forfeited.
Posting Felony Bail
Once bail is set — whether by preset schedule or judicial order — the family contacts a licensed California bail bondsman and provides:
- Defendant's full name and booking number
- Detention facility name and address
- Bail amount
- Nature of charges (affects collateral requirements)
For felony bail amounts ($50,000–$250,000+), bondsmen often require collateral in addition to the 10% premium. Real estate equity is the most common collateral form.
Bail Reduction for Felony Charges
If the set bail amount is unaffordable, a defense attorney can file a bail reduction motion under California Penal Code § 1289. See the bail reduction hearing guide for the full process.
Following In re Humphrey (2021), judges must consider the defendant's financial circumstances — an unaffordable bail for a non-violent felony can be challenged on constitutional grounds.
Legal Resources on Felony Bail
- California Uniform Bail and Penalty Schedule
- California Penal Code § 825 — Arraignment Timeline
- California Penal Code § 1289 — Bail Modification
- California Penal Code § 1270.5 — No-Bail Felonies
- In re Humphrey — CA Supreme Court ability-to-pay ruling (2021)
For informational purposes only. Not legal advice. Consult a licensed California criminal defense attorney for advice specific to your situation.