The three constitutional no-bail categories
Article I, Section 12 of the California Constitution guarantees release on bail except for:
- Capital crimes when the facts are evident or the presumption great.
- Felony offenses involving acts of violence on another person, or felony sexual assault offenses, when the facts are evident or the presumption great and the court finds a substantial likelihood the person's release would result in great bodily harm to others.
- Felony offenses when the facts are evident or the presumption great and the court finds, based on clear and convincing evidence, that the person threatened another with great bodily harm and there is a substantial likelihood the threat would be carried out.
Article I, Section 28(f)(3) adds that public safety and the safety of the victim are primary considerations in setting, reducing, or denying bail.
Denial requires a hearing and findings — not a charge label
No offense is automatically "non-bailable" by name. The prosecution must ask, and the court must make the specific findings on the record. The California Supreme Court reviewed a denial under these exceptions in In re White (2020) 9 Cal.5th 455, and In re Humphrey requires clear and convincing evidence before detaining someone outright.
Bailable, but still not released
- Probation or parole hold — a no-bail hold on the violation case blocks release even if the new charge is bailable. See probation violation bail bonds.
- Outstanding warrants in other counties or states — see warrant bail bonds.
- A 1275 hold requiring proof that the bail money is not from a felonious source, under Penal Code §1275.1.
- An immigration detainer requested by federal authorities.
- A domestic violence cooling-off period before release on certain arrests.
What to do when bail is denied or held
Counsel can move to set bail, challenge the findings, or seek review by writ. Practically, families should confirm the hold type at the facility first — the jail and detention center directory lists custody and release desks for LA and San Diego County. Once a hold clears, a bond can be posted the same day.