The sequence
- Arrest, then transport to a police jail or Sheriff's station.
- Booking: identification, photographs, fingerprints, warrant checks. No bond can be accepted until this finishes.
- Bail set from the county's uniform schedule adopted under Penal Code §1269b.
- Bail posted — cash to the court or jail, or a surety bond through a licensed agency.
- Release processing at the facility.
- Arraignment, where the judge reviews custody status and may keep, raise, lower, or replace the bail amount.
What Humphrey actually held
In In re Humphrey (2021) 11 Cal.5th 135, the California Supreme Court held that a court may not set bail at an amount the defendant cannot afford without considering ability to pay and less restrictive alternatives, and that detention on unaffordable bail requires findings supporting it. It did not eliminate money bail, and it did not make everyone eligible for release.
Where the number comes from
Each county's superior court adopts a bail schedule annually, so the same charge can carry different amounts in Los Angeles and San Diego. Enhancements, multiple counts, and prior convictions can stack. See how is bail calculated and the bail cost calculator.
After release
The bond stays live through the entire case, not just the first hearing. Every appearance is mandatory. A missed hearing triggers forfeiture and a bench warrant, and Penal Code §1305 sets a limited window to bring the defendant back before summary judgment against the surety. Read what you should and shouldn't do while out on bail.