Misdemeanor Bail Bonds in California — 2026 Guide
Most California arrests are misdemeanors, and most misdemeanor bail bonds follow a straightforward process. Understanding what makes misdemeanor bail faster and simpler than felony bail helps families act quickly when a call comes in.
What Is a Misdemeanor in California?
A misdemeanor is a criminal offense punishable by up to one year in county jail. California classifies most offenses as either:
- Standard misdemeanor — maximum 6–12 months in county jail + fines
- Gross misdemeanor / wobbler — can be charged as either misdemeanor or felony depending on facts and prior record
Common misdemeanor charges:
- DUI (first or second offense, no injury) — Vehicle Code § 23152
- Petty theft — Penal Code § 484
- Simple assault — Penal Code § 240
- Vandalism under $400 — Penal Code § 594
- Driving on a suspended license — Vehicle Code § 14601
- Trespassing — Penal Code § 602
- Disorderly conduct / public intoxication — Penal Code § 647
Misdemeanor Bail — Preset Schedule Applies
The key advantage for misdemeanor arrests: the California Uniform Bail and Penalty Schedule assigns a fixed bail amount to every common misdemeanor charge. This means no arraignment is required to post bail.
Common misdemeanor bail amounts:
| Misdemeanor Charge | Typical Bail |
|---|---|
| DUI — first offense (VC 23152) | $5,000 |
| DUI — second offense | $10,000 |
| Petty theft with priors | $10,000 |
| Misdemeanor assault (PC 240) | $10,000 |
| Vandalism under $400 | $2,500 |
| Trespassing | $5,000 |
| Drug possession (HS 11350) | $10,000 |
| Domestic battery (PC 243e) | $10,000 |
Same-Night Release for Misdemeanors
Because bail can be posted immediately from the preset schedule, misdemeanor defendants can often be released the same night as their arrest. The timeline:
- Arrest and booking (1–3 hours)
- Family contacts a licensed California bail bondsman
- Premium paid, indemnity agreement signed (30–60 minutes)
- Bond posted at the facility electronically
- Jail processes release (2–5 hours at small jails; 4–12 hours at county facilities)
For a first-offense DUI at a small city jail like Culver City or Inglewood, same-night release from arrest to walking out is realistic within 5–8 hours total.
Citation Release — No Bail Required
For low-level misdemeanors, many California law enforcement agencies use citation release — the defendant is issued a citation at the scene with a court date and released without booking. This is common for:
- First-offense minor shoplifting
- Traffic infractions charged as misdemeanors
- Low-level trespass or disorderly conduct with no violent history
If citation release is used, no bail bond is needed — the defendant simply appears at the cited court date.
Misdemeanor Arraignment
If the defendant is booked and held (not citation released), arraignment occurs within 48 hours under California Penal Code § 825 — but bail can be posted before arraignment using the preset schedule. Arraignment is only required to set bail for charges not on the schedule.
At arraignment, the judge also has discretion to:
- Release the defendant OR (own recognizance)
- Modify bail (raise or lower it)
- Set conditions of release
When a Misdemeanor Leads to Felony Processing
Some misdemeanor arrests become more complicated:
- Priors: A third DUI within 10 years is charged as a felony
- Wobblers: DA may upgrade a charge to felony at filing
- Other warrants: A misdemeanor arrest may reveal outstanding felony warrants — the defendant is then held on the felony
If the charge upgrades to a felony, the bail amount increases substantially and judicial bail setting at arraignment may be required.
What You Need to Post Misdemeanor Bail
- Defendant's full name and date of birth
- Booking facility name and address
- Booking number (if available)
- Bail amount (bondsman can pull this with name + DOB)
A bail bondsman handling misdemeanor bonds across all California counties can often start the process with just a name and a county.
Legal Resources on Misdemeanor Bail
- California Uniform Bail and Penalty Schedule
- California Penal Code § 825 — Arraignment Timeline
- California Vehicle Code § 23152 — DUI Statute
- California Courts — Bail and OR Release
For informational purposes only. Not legal advice. Consult a licensed California criminal defense attorney for advice specific to your situation.