California Penal Code ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail

  • Section 1268.
    Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.(Enacted 1872.)
  • Section 1269.
    The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the...
  • Section 1269a.
    Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail...
  • Section 1269b.
    (a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department...
  • Section 1269c.
    If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order,...
  • Section 1270.
    (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...
  • Section 1270.1.
    (a) Except as provided in subdivision (e), before any person who is arrested for any of the following crimes may be released on bail in an...
  • Section 1270.2.
    When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic...
  • Section 1270.5.
    A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or...
  • Section 1271.
    If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.(Enacted 1872. Note: This section...
  • Section 1272.
    After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to...
  • Section 1272.1.
    Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following:(a) By clear...
  • Section 1273.
    If the offense is bailable, the defendant may be admitted to bail before conviction:First—For his appearance before the magistrate, on the examination of the charge,...
  • Section 1274.
    When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof...
  • Section 1275.
    (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,...
  • Section 1275.1.
    (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or...
  • Section 1276.
    (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment...
  • Section 1276.5.
    (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against...

Last modified: October 22, 2018