Orange County Jail InfoIndependent guide · Orange County, California

California bail laws

What four Penal Code sections on bail say, with their official text, and where to pay bail in Orange County. For a specific case, the court and the defense attorney decide.

By Orange County Jail Info Page reviewed:

The short answer

Until a defendant has appeared before a judge on the charge, bail is the amount in the arrest warrant or, if no warrant was issued, the amount in the countywide bail schedule of the county where the defendant must appear. The superior court judges of each county have the duty to prepare, adopt and revise that schedule every year (section 1269b, below).

Bail paid in full is paid at the Intake Release Center cashier. Some bail must be paid in cash or check only: check the amount and accepted methods with Inmate Records before you pay. The accepted payments and bond hours: paying bail or posting a bond.

Official: Cashier & Bail Information (OC Sheriff’s Department), checked

What the Penal Code says

The amount of bail and the county bail schedule (Penal Code section 1269b)

  • Once the defendant has appeared before a judge on the charge, bail is the amount the judge fixed at that appearance. Before that appearance, it is the amount in the arrest warrant or, if no warrant was issued, the amount in the countywide bail schedule of the county where the defendant must appear.
  • It is the duty of the superior court judges in each county to prepare, adopt and revise every year a countywide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses, except Vehicle Code infractions.
  • Once bail is posted, the person is released from custody for the offense the bail was posted on.
  • If a person released this way doesn’t appear in court as ordered, sections 1305 and 1306 apply.
The official text of the parts summarized

[…] (text omitted)

(b) If a defendant has appeared before a judge of the court on the charge contained in the complaint, indictment, or information, the bail shall be in the amount fixed by the judge at the time of the appearance. If that appearance has not been made, the bail shall be in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail for the county in which the defendant is required to appear, previously fixed and approved as provided in subdivisions (c) and (d).

(c) It is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions. The penalty schedule for infraction violations of the Vehicle Code shall be established by the Judicial Council in accordance with Section 40310 of the Vehicle Code.

[…] (text omitted)

(g) Upon posting bail, the defendant or arrested person shall be discharged from custody as to the offense on which the bail is posted.

[…] (text omitted)

(h) If a defendant or arrested person so released fails to appear at the time and in the court so ordered upon their release from custody, Sections 1305 and 1306 apply.

Version quoted: (Amended by Stats. 2025, Ch. 679, Sec. 10. (AB 82) Effective January 1, 2026.)

Official: Penal Code section 1269b on California Legislative Information, read

Release on one’s own recognizance (Penal Code section 1270)

  • A person arrested for or charged with any offense other than a capital offense may be released on their own recognizance by a court or magistrate who could release them on bail.
  • A person in custody who is arraigned on a misdemeanor complaint, and a person who appears on an out-of-county warrant in a case involving only misdemeanors, are entitled to that release. The exception is when the court finds, on the record and under section 1275, that it would compromise public safety or would not reasonably assure the person’s appearance as required. Public safety is the primary consideration.
  • If the court makes one of those findings, it sets bail and any conditions of release.
The official text of the parts summarized

(a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released.

[…] (text omitted)

Version quoted: (Amended by Stats. 1995, Ch. 51, Sec. 1. Effective January 1, 1996.)

Official: Penal Code section 1270 on California Legislative Information, read

What a judge considers in setting bail (Penal Code section 1275)

  • In setting, reducing or denying bail, the judge or magistrate considers the protection of the public, the seriousness of the offense charged, the defendant’s criminal record, and how likely the defendant is to appear at trial or at a hearing. Public safety is the primary consideration.
  • For a person charged with a serious or violent felony, a court that reduces bail below the county schedule must find unusual circumstances and state the facts on the record. Having made every earlier court appearance, or not having committed new offenses, doesn’t count as unusual circumstances. (The violent felonies are listed in section 667.5(c).)
The official text of the parts summarized

(a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.

[…] (text omitted)

(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.

Version quoted: (Amended by Stats. 2014, Ch. 71, Sec. 128. (SB 1304) Effective January 1, 2015.)

Official: Penal Code section 1275 on California Legislative Information, read

Forfeiture of bail (Penal Code section 1305)

  • If a defendant fails to appear without sufficient excuse for arraignment, trial or judgment, on any other occasion before judgment when their presence in court is lawfully required, or to surrender in execution of the judgment after an appeal, the court declares the bail forfeited in open court.
  • But the court has no jurisdiction to declare a forfeiture, and the bail is released of all obligations under the bond, if the case is dismissed or no complaint is filed within 15 days from the date of arraignment. That can be extended by up to 90 days from the arraignment date the jailer originally set, if the prosecutor asks for the arraignment to be continued to allow time to file the complaint, or the defendant asks for the extension, in writing or in open court.
  • If the defendant then appears in court within 180 days of the forfeiture (or of the mailing of the notice, when notice is required), voluntarily or in custody after surrender or arrest, the court must vacate the forfeiture and exonerate the bond, on its own motion, when the defendant first appears in court on the case. If the court doesn’t, the obligations under the bond end at once and the bond is exonerated. The court’s order may be made on terms that are just and don’t exceed those imposed in similar situations for other forms of pretrial release.
  • The same applies when, within the 180 days, the bail surrenders the defendant to custody or the defendant is arrested in the case: outside the county where the case is, and inside it when the defendant is then released from custody before appearing in court. The court must vacate the forfeiture and exonerate the bond or bail.
  • Instead of exonerating the bond, the court may reinstate the bail and release the defendant on the same bond, if the bail was given prior notice of the reinstatement and has not surrendered the defendant.
  • The section has more rules than this summary covers. Its official text is linked below.
The official text of the parts summarized

(a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following:

(A) Arraignment.

(B) Trial.

(C) Judgment.

(D) Any other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required.

(E) To surrender himself or herself in execution of the judgment after appeal.

(2) (A) Notwithstanding paragraph (1), except as provided in subparagraph (B), the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment.

(B) The court’s jurisdiction to declare a forfeiture and authority to release bail may be extended for not more than 90 days from the arraignment date originally set by the jailer pursuant to subdivision (a) of Section 1269b if either of the following occur:

(i) The prosecutor requests in writing or in open court that the arraignment be continued to allow the prosecutor time to file the complaint.

(ii) The defendant requests the extension in writing or in open court.

[…] (text omitted)

(c) (1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

(2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

(3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail.

(4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met:

(A) The bail is given prior notice of the reinstatement.

(B) The bail has not surrendered the defendant.

[…] (text omitted)

Version quoted: (Amended by Stats. 2016, Ch. 79, Sec. 1. (AB 2655) Effective January 1, 2017.)

Official: Penal Code section 1305 on California Legislative Information, read

Not legal advice

This is general information from the official text. It doesn’t say what applies to anyone’s case. Ask the defense attorney or the court; see the court locations.

Sources

Orange County Sheriff’s Department

Every fact above links to the official page it comes from, with the date we checked it. We quote official wording only where the exact words matter. See how we check facts.