Misdemeanor Bail Bonds in California

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

Many people arrested for a misdemeanor never need a bail bond. Others do, and they only find out after hours at the jail. This guide explains how California decides, what cite and release means, the exact situations when bail still applies and what to do if it does.

We want you to spend money only when you have to. If the law says the person should be released on a written promise, you may not need us. If bail is set, we will tell you what it costs and what you sign.

Misdemeanor basics

A misdemeanor is a crime punishable by up to a year in county jail, a fine, probation or a mix. It sits below a felony and above an infraction. Common ones include simple theft of low value goods, many first time driving under the influence cases, petty drug possession in some situations and certain fights. The exact charge matters, because bail and release rules vary.

For misdemeanors, the countywide bail schedule under Penal Code section 1269b lists amounts. The schedule is revised each year by the superior court judges. In Los Angeles, the court publishes its schedule online, and we do not repeat dollar amounts from third party sites. See how much bail is in California.

Cite and release under Penal Code 853.6

Penal Code section 853.6 is the law behind cite and release. When a person is arrested for a misdemeanor and does not demand to be taken before a magistrate, the person shall, instead of being taken before a magistrate, be released under the procedures of the chapter. The officer prepares a written notice to appear in court that lists the name, the address, the offense and the time and place to appear. The person signs a promise to appear, and then the officer shall immediately release the person.

Some points that families should know.

• The time on the notice must be at least 10 days after arrest if the duplicate notice is filed with the magistrate, unless the person waives that.
• The officer may book the person first, at the scene or at the agency. Booking does not by itself prevent release.
• A peace officer must use this procedure for a misdemeanor arrest without a warrant in the usual case.
• The prosecutor may file the case within 25 days of arrest. If not, the person gets a notice and the case may be filed later only after a new citation or an arrest warrant.
• No warrant may issue for someone who signed a written promise to appear, unless the person violates the promise or fails to deposit bail, appear or comply with the judgment.

When bail still applies

Cite and release is the rule, but the statute lists reasons an officer may decide not to release. Subdivision (i) names them. These are the ones people run into most.

• The person was so intoxicated that they could be a danger to themselves or others.
• The person needed medical care or could not care for their own safety.
• The arrest was under certain Vehicle Code provisions listed in the statute.
• There was an outstanding arrest warrant for the person.
• The person could not provide satisfactory identification.
• Prosecution would be jeopardized by immediate release.
• There was a reasonable likelihood the offense would continue or resume, or that safety would be at risk.
• The person demanded to be taken before a magistrate or refused to sign the notice to appear.
• There was reason to believe the person would not appear, and the basis must be stated.
• The person was subject to Penal Code section 1270.1, which covers certain domestic violence and related offenses.
• Recent store theft cited, arrested or convicted within six months, or probable cause for organized retail theft.

The statute also says that a person arrested for a misdemeanor violation of a domestic violence protective order is generally taken before a magistrate rather than cited, unless the officer decides there is no reasonable likelihood the offense will continue or resume and no imminent danger. In that case, a bond and conditions may follow. See domestic violence bail in California and DUI bail in Los Angeles.

Whenever the officer uses one of these reasons, the form must say which one. If you are told bail is required, ask which reason applies. A lawyer can then address it.

Release without paying at court

Even if someone is booked, a court may release on own recognizance. Penal Code section 1270 says a defendant in custody who is arraigned on a misdemeanor complaint is entitled to an own recognizance release unless the court finds on the record, under section 1275, that release would compromise public safety or not reasonably assure appearance. The same entitlement applies to a person appearing on an out of county warrant in a case involving only misdemeanors.

That is a strong rule in the defendant's favor. It does not mean the person will be at the arraignment tomorrow, because the schedule of the jail and court sets timing. Read what happens at arraignment in Los Angeles.

In Los Angeles County, the court's pre arraignment release protocols generally mean many people arrested for misdemeanors are released without money bail before arraignment. Some offenses are not eligible, and policies can change, so check the court's current version. We explain it in pre arraignment release in Los Angeles.

Posting bail on a misdemeanor

If bail is set, there are three ways to pay, covered in more depth in cash bail vs bail bond. Section 1295 allows a person, after an arrest and booking for a misdemeanor or after an order admitting to bail, to deposit with the clerk the amount in the order or the schedule. A bail bond is a surety bond from a licensed agent, in exchange for a premium. A property bond is possible in some cases and is covered in property bonds in California.

On a misdemeanor bail the premium may be small and the bond easy to get. The co-signer still takes on the same promise as on any bond. See co-signer responsibilities in California. {{PREMIUM}}

If the person in custody is pregnant, ask about our free bail program for qualifying pregnant women. Premium is waived for qualifying applicants who are 8 months or more along, with bail of $50,000 or less, a non-violent charge and a working co-signer with proof of income. It is subject to approval. If you do not qualify, ask anyway, because we are often able to help.

Paying versus waiting

On a small bail, families often ask whether it is worth buying a bond at all. There is no one answer, so think it through.

• If a judge is likely to see the person within a day or two, and an own recognizance release is likely, waiting may cost nothing. Ask a lawyer or the public defender.
• If the person has work, children or medicine to get back to, the cost of waiting can be real, and a bond may be worth it.
• If bail is a cash amount you can pay and get back, section 1295 and the clerk's rules matter. Cash goes back to the depositor after the case when every date was kept, less any fines or fees the court takes, so ask about the details.
• If a bond is the only workable choice, ask for the full premium, the payment plan and any other charge in writing, and keep a copy.

Our team will walk through this with you and will say plainly if a bond is not the smart move. We would rather earn your trust than a premium you did not need.

What the co-signer should bring

A short list saves a long wait. Bring a government photo ID, a recent pay stub or proof of income, the employer's contact details, the address where you live and the defendant's full name, birth date and booking number if you have it. The online application takes about four minutes and does not ask for a Social Security number online.

What happens after release

Release on a citation or a bond comes with a promise to appear at every date. Under Penal Code section 1305 a missed date can forfeit a bond, and a warrant may follow. On a citation, the court can declare bail forfeited if the person does not appear, and in some cases order that further proceedings not be had, with exceptions for certain charges listed in the statute. A missed date on a citation can also lead to a warrant under the rules in section 853.6(f). Do not skip a date because the charge feels small.

Misdemeanor trials have quick time limits. According to the California Courts Self Help Center, a misdemeanor trial must start within 45 days of the arraignment or plea if the person is out of custody, or 30 days if in custody, unless time is waived. Ask the lawyer before waiving time.

Convicted people may also seek bail pending probation or appeal. Penal Code section 1272 gives a right to bail before judgment on a misdemeanor, pending application for probation, and for appeals in misdemeanor cases that involve imprisonment, with different rules for other cases. The lawyer can explain.

Questions to ask at the jail

• What is the exact charge and the code section.
• Is it a cite release case, or is bail set.
• What is the bail amount, and is there a hold.
• Which reason was marked for no release, if bail applies.
• When is the first court date.

Our guide on finding someone in jail in Los Angeles shows where to ask. The jail pages list contact basics.

Working with us

Jane Un is often in court at arraignment to support families, and we answer at all hours. If a misdemeanor needs a bond, we explain the premium, the co-signer role and the payment plan before you sign. If the law says your loved one should be cited, we say so. No games. {{CALL}}

Please remember this is general information and not legal advice. Your lawyer or the public defender can tell you what applies to your case, and our resources page points to free legal help.