The constitutional rule
California Constitution, Article I, §12 makes offenses bailable except in the listed categories, and requires clear and convincing evidence plus findings before denial. Practically, a no-bail hold on a bailable charge is something a judge has to justify.
The non-bailable categories
- Capital offenses when the proof is evident or the presumption great.
- Felony offenses involving acts of violence or sexual assault, where there is substantial likelihood the release would result in great bodily harm to others.
- Felony offenses where the defendant has threatened another with great bodily harm and there is substantial likelihood of carrying it out.
Detail in what crimes are not eligible for a bond.
Holds are not the same as non-bailable
How the amount is set on bailable charges
From the county schedule under Penal Code §1269b, reviewed at arraignment, with ability to pay considered under In re Humphrey. See how is bail calculated.