The law changed in 2021, and it matters
In In re Humphrey, the California Supreme Court held that conditioning release on money the defendant cannot pay is unconstitutional unless the court finds, by clear and convincing evidence, that detention is necessary to protect public or victim safety or ensure appearance.
California voters rejected Proposition 25 in November 2020, so the cash bail system remains in place statewide. Humphrey did not abolish bail — it changed how judges must set it.
How to actually raise ability to pay
- Tell defense counsel before arraignment that bail is unaffordable and why.
- Provide documents: pay stubs, benefits, rent or mortgage, dependents, existing debt.
- Ask the court for non-financial conditions — check-ins, electronic monitoring, travel restrictions, protective-order compliance.
- If bail is not reduced at arraignment, counsel can file a bail motion under Penal Code §1289 when circumstances or facts change.
If bail stays where it is
A surety bond costs the 10% state-filed premium under Insurance Code §1800. Armstrong finances that premium: a small down payment starts the posting, and the balance is paid on a written schedule with no interest. Run your own numbers on the bail bond calculator.
Collateral is often not required at all with a qualified cosigner — see no collateral bail bonds and cosigner bail bonds.
What not to do
- Do not wait for the preliminary hearing hoping bail drops on its own — it rarely does.
- Do not borrow from a source you cannot document if a 1275 hold is on the case.
- Do not pay anyone quoting less than 10% "off the books." Rebating the filed premium is illegal and puts the bond at risk.