PC 1270.1 Hearing Before Release on Serious Felonies

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

You looked up the bail amount, you have the money or a plan for a bond, and the jail says the person cannot be released yet because a judge has to hold a hearing first. That is probably a Penal Code section 1270.1 hearing. It is a real delay, and it is also a rule that applies only to certain charges.

This guide explains which charges trigger it, who has to be told, what the judge looks at and what families can do while they wait. We will keep it plain and we will not promise any result, because only the judge decides.

What a 1270.1 hearing is

Most people arrested on a bailable charge can be released by paying the scheduled amount. Penal Code section 1270.1 makes an exception. For certain listed crimes, the person may not be released on bail that is higher or lower than the schedule amount, or on their own recognizance, until a hearing is held in open court before a magistrate or judge.

Read that carefully. The statute is about changing the amount or releasing without money. It is a gate on discretion. The point is to make sure a judge looks at risk to other people and the chance the person will return to court before any special release is allowed, and to give the prosecutor a chance to be heard.

Related rules sit nearby. Penal Code section 1319 separately requires an open court hearing and notice to the prosecutor before a person arrested for a violent felony can be released on own recognizance. Our bail reduction guide explains that the early application statute, section 1269c, does not apply to the offenses listed in 1270.1(a).

Which charges are covered

Section 1270.1(a) lists these categories.

• A serious felony as defined in Penal Code section 1192.7(c), or a violent felony as defined in section 667.5(c), but not a residential burglary charged under section 460(a).
• Certain intimidation of a witness or victim offenses under section 136.1 when punished under 136.1(c), and a felony violation of section 273.5 (domestic violence with corporal injury) or section 422 (criminal threats), plus section 646.9 (stalking) and former section 262.
• A battery on a person in a dating or domestic relationship that falls under section 243(e)(1).
• A violation of a protective order under section 273.6 when the person made threats to kill or harm, engaged in violence against, or went to the home or workplace of the protected person.

The serious and violent felony lists are long. They include crimes such as murder, robbery, certain assaults and sex offenses, and many offenses with weapons or great bodily injury allegations. Do not try to guess. Ask the defense lawyer or the arraignment clerk whether the charge on the complaint is on the list.

Notice and timing

The statute sets rules for notice and timing so a hearing does not drag on.

• The prosecuting attorney and the defense attorney get two court days of written notice and a chance to be heard.
• If the person has no lawyer, the court appoints counsel for the purposes of that hearing only.
• The hearing must be held within the time in Penal Code section 825, which is generally within 48 hours of arrest, not counting Sundays and holidays.

That 48 hour rule has details. If it runs out when the court is not in session, it extends through the next court session. If the arrest happens on a Wednesday after the day's session ends and Wednesday is not a holiday, the person must appear no later than that Friday if Friday is not a holiday. Section 825 gives the person an attorney's right to visit, too.

What the judge considers

At the hearing the court must consider evidence of the person's past court appearances, the maximum possible sentence and the danger the person may pose to other people if released. In deciding whether to release on own recognizance, the court must look at the potential danger to others, including threats the person has made and any past acts of violence. The court must also consider anything the person offers about ties to the community and ability to post bond.

If the judge sets bail above or below the schedule amount, the judge must state the reasons on the record and, where threats were made against a victim or witness, address that issue on the record.

Section 1275 also applies. It makes public safety the primary consideration and adds the seriousness of the offense, the person's record and the probability of appearing. Where a serious or violent felony is charged and bail would drop below the schedule, the judge must find unusual circumstances. We explain that in the bail reduction guide.

The statute also allows a judge to raise bail above the schedule without a hearing, if a sworn officer presents a declaration of facts under penalty of perjury. See subdivision (e) and section 1269c.

How to prepare as a family

You cannot argue the hearing, but you can supply facts for the lawyer. Think about the same three things the judge must weigh.

1. Past appearances. If the person has gone to every court date before, tell the lawyer when and where. If there were missed dates, tell the lawyer too, so there are no surprises.
2. Ties. Years at the address, steady work, children, school, caregiving, a lease, a letter from an employer.
3. Ability to pay. A truthful picture of income and bills. The statute expressly invites evidence of ability to post bond.

If the charge is in the domestic violence group, expect a conversation about protective orders and no contact conditions. Our domestic violence bail guide explains how those conditions work.

Bring respectful family members. Dress for court. Arrive early and sit quietly. Do not speak to the alleged victim or witnesses, directly or through friends, unless the lawyer says a court order allows it. Contact can cause new charges or a higher bail.

Where a bail bond fits

A 1270.1 hearing decides whether and how the person can be released. Often the judge sets a bail amount at the hearing, and then a bond can be posted if the family chooses. We can have the paperwork ready so there is no extra delay after the judge rules. We do not speak for the court and we cannot predict the amount.

Before the hearing, call and tell us the booking number, the jail, the charge and the court date. We will tell you what we would need from a co-signer. In many serious cases a bond requires collateral, such as a car title or property, along with a co-signer who has steady income. We will be honest early if the numbers do not work. Learn more about the co-signer's role in co-signer responsibilities in California.

Here is how our pricing works, so nothing surprises you. Jane Un Bail Bonds offers 1% down on approved credit through Bail Today, Pay Later, a plan Jane started in 2004. The premium is 10% of the bail amount, which is the rate filed with the California Department of Insurance, or 8% when a private attorney is retained or the defendant or co-signer is a veteran. The balance goes on a monthly plan. 1% down is the down payment, never the price. Try the 1% down calculator or read about 1% down bail bonds.

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.

Other ways the hearing can go

Not every hearing ends the same way. The judge may set bail at the schedule amount, set it higher, set it lower, release the person on own recognizance with conditions or, in a limited set of cases, deny bail. A lawyer can ask the court to review the decision later if facts change. Federal and state rules about holding a person without bail are separate, and the lawyer is the right person to explain them.

Meanwhile the person stays in custody. The Sheriff's Department runs the county jails, so use the inmate locator, and our guide to finding someone in jail in Los Angeles shows how. Our jail pages cover visiting basics.

Do not make it worse

Some actions slow a release or raise bail. Avoid them.

• Do not discuss the facts of the case on recorded jail phones.
• Do not contact a victim or witness.
• Do not post on social media about the case.
• Do not bring cash you cannot explain. See our guide to the source of funds hearing.
• Do not skip a hearing date. If the person is released and misses a date, read what happens after a missed court date.

Jane Un Bail Bonds is licensed by the California Department of Insurance (License #1843448). Call (213) 725-2815 any hour, or start the short online application. Our Los Angeles office is at 900 Avila St Suite 101, a short walk from the downtown jails, and the jail pages show where people are held.

This guide is general information and not legal advice. Talk to your own lawyer or the public defender about your case. Our resources directory lists public defenders, court self help centers and legal aid.