LA Pre-Arraignment Release and No Cash Bail

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

You may have heard that Los Angeles County ended cash bail. That is not quite true. Since October 1, 2023, many people arrested for lower level crimes can go home before their first court date without paying money. Others still need bail. Here is who is who, based on the court's own rules.

The short version

Los Angeles County has a set of court rules called the Pre-Arraignment Release Protocol. The court says it governs, since October 1, 2023, whether eligible arrestees are released without conditions, released with non-financial conditions or held until arraignment. For many misdemeanors and for non-violent, low level felonies, the answer is release without money bail.

It does not apply to everyone. People arrested for serious or violent crimes, and for some other offenses, are not eligible. For them, money bail is still part of the picture.

Money bail has not been abolished. A judge can still set it at arraignment. And for some charges, bail is required before arraignment. This guide explains the pieces so you do not pay for something you do not need, and do not wait for a release that is not coming.

Where these rules come from

In 2021 the California Supreme Court ruled in In re Humphrey that holding someone in jail only because they cannot afford bail is unconstitutional. The Los Angeles Superior Court cites that ruling as the reason for the new approach. Before the protocol, the court notes, people who could afford the scheduled bail were released before arraignment and people who could not were detained, even if they posed little risk.

The Los Angeles Presiding Judge announced the protocols in 2023 and they took effect October 1, 2023. They are printed at the front of the court's felony bail schedule, which is updated each year. The edition we read is effective January 1, 2026. Always check the court's site for the version in force the day you read this, because schedules are revised every year.

The three release categories

For eligible offenses, the schedule assigns one of three categories. All three carry zero dollar bail before arraignment.

The court says magistrates are available seven days a week, 24 hours a day.

What a magistrate can decide

• Release on the person's own recognizance with no conditions.
• Release at zero dollars with the least restrictive non-financial conditions needed to protect the public and the victim and to bring the person back.
• Wait until arraignment, but only if the magistrate finds by clear and convincing evidence that public or victim safety, or the person's appearance, cannot reasonably be assured with conditions, or the person is otherwise ineligible.

The court says the release conditions are communicated to the booking agency, which tells the person. If the person accepts the conditions, they are released. If they do not accept, the decision is put off until arraignment.

If no charges are filed before arraignment, the court says the person is released without conditions.

Who is not eligible

The court says zero dollar bail is not available before arraignment for these people.

• People arrested for capital crimes, and for the offenses listed in the state constitution that cannot be released on their own recognizance or sufficient sureties.
• People arrested for any offense listed in Penal Code section 1270.1. That list covers violent felonies, serious felonies, and certain offenses such as some domestic violence, stalking and threat charges. For these, a non-zero amount of bail must be set, and the person either posts it or is held until arraignment or a hearing in open court.
• People arrested for an offense with a sentencing enhancement of the kind listed in Penal Code section 1269b, subdivision (e). For these, a non-zero bail applies as listed in the schedule.

The court also says people are not eligible for release before arraignment if charged with crimes described in the constitution's bail and public safety provisions or in Penal Code section 1270.5.

Extra review for some people

Even for a Cite and Release or Book and Release offense, some people are sent to a magistrate. The court names two groups. First, people who are on felony probation, parole or post release community supervision at the time of the offense. Second, people arrested for certain offenses who have had three or more failures to appear, with warrants issued, in the past three years.

More than one charge

If a person is booked on several offenses with different categories, the most restrictive category controls. If one charge needs money bail and another does not, money bail applies. This is why a booking that looks minor can still involve bail when something else is added.

The first court date still matters

A release before arraignment is not the end of the case. The person must appear in court. The court says the pre-arraignment amounts and orders do not bind the judge at arraignment, which it describes as typically happening within 48 hours of arrest unless there is a weekend or holiday when the court is closed. At arraignment, the judge can use the full range of options on bail and custody.

So a person who walked out on zero dollars still has a court date, and a person who missed the release can still be released at arraignment. If a judge sets financial conditions for an offense in the cite, book or magistrate categories, the court's guidelines list $25,000, $50,000 and $75,000 respectively. These are guidelines, not fixed amounts.

Release before arraignment is a promise to appear in court, not a dismissal. Missing the court date can bring a warrant, and a new arrest can lead to money bail. Write the date down.

See what happens next in how bail works in Los Angeles.

Changes within the first two hours

The schedule has a deviation process that affects both sides. Within two hours of booking, law enforcement can ask a magistrate to raise bail, or to move a Cite or Book offense up to Magistrate Review, if the officer has reason to believe the schedule amount is not enough to ensure the person appears or protect a victim. A request like that can cause the person to be sent to a magistrate.

The court also says an attorney, friend or family member can apply to the magistrate for release at a lower bail, or on the person's own recognizance, by calling the court's Pre-Arraignment Support Unit within two hours of booking. The number printed in the schedule is (213) 633-6350, and the unit is available 24 hours a day. A magistrate considers every timely and lawful request. Requests to lower bail are not available before arraignment for the offenses in section 1270.1.

That two hour window closes fast. If you can reach a lawyer, do it right away.

So who still needs bail

Here is a plain way to think about it.

• Probably no bail needed. A misdemeanor or low level non-violent felony that is listed in the cite, book or magistrate categories, with no enhancement, and no extra charge that needs money.
• Bail likely needed. Serious or violent felonies, offenses in section 1270.1, offenses with listed enhancements, and some offenses with higher scheduled amounts.
• Held until arraignment. Capital crimes and the offenses the state constitution says cannot be released on bail or recognizance.
• Warrant arrests. If someone is arrested on a warrant, the judge who signed it may have set a bail amount on the warrant, and the protocol is a guide only.

The first step is to look up the person. Our guide on finding someone in jail shows how, and the record may list the bail amount. For the dollar amounts the court lists for some offenses, see how much bail is in California.

Where a bail bond fits

If bail is set, a bond is one way to pay it. If bail is zero, you do not need a bond, and you should not pay one. We would rather tell you that than take a fee you did not need to pay.

If you do need one, here is what Jane Un Bail Bonds offers. The premium is 10% of the bail, or 8% when a private attorney is retained or the defendant or cosigner is a veteran. Bail Today, Pay Later® lets you start with 1% of the bail down on approved credit, and pay the balance of the premium monthly. You or your loved one needs a job. See the 1% down plan and Bail Today, Pay Later.

Call (213) 725-2815, open 24 hours. A family member, friend or attorney can call for the person in custody. We are a licensed California bail agent, License #1843448. We are a private business and not part of the court, the jail or the police. Learn more about bail bonds in Los Angeles.