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, and a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, the peace officer shall prepare a declaration under penalty of perjury setting forth the facts and circumstances in support of his or her belief and file it with a magistrate, as defined in Section 808, or his or her commissioner, in the county in which the offense is alleged to have been committed or having personal jurisdiction over the
defendant, requesting an order setting a higher bail. Except where the defendant is charged with an offense listed in subdivision (a) of Section 1270.1, the defendant, either personally or through his or her attorney, friend, or family member, also may make application to the magistrate for release on bail lower than that provided in the schedule of bail or on his or her own recognizance. The magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. If, after the application is made, no order changing the amount of bail is issued within eight hours after booking, the defendant shall be entitled to be released on posting the
amount of bail set forth in the applicable bail schedule.
Notes of Decisions
Galen v. Cnty. of Los Angeles, 477 F.3d 652 (9th Cir. 2007).
· cites it 4× “” Cal.Penal Code § 1269c. California law requires that non-capital defendants be offered bail.”
Van Atta v. Scott, 613 P.2d 210 (Cal. 1980).
· cites it 2× “If an arrestee still remains in custody, and does so because he cannot or will not meet the scheduled bail, he is entitled to move for a reduction in bail (Pen. Code, § 1269c), release on own recognizance (Pen.”
In Re Podesto, 544 P.2d 1297 (Cal. 1976).
“I, § 12; Pen. Code, §§ 1269c, 1291, 1295, 1318. See generally A.”
Gray v. Superior Court, 2005 Cal. Daily Op. Serv. 116 (Cal. Ct. App. 2005).
“(Pen. Code, § 1269c.) If simply raising the amount of bail requires such a verified showing, then surely an order depriving a defendant of his or her livelihood and professional license requires, at a minimum, a verified showing of imminent danger to the public.”
Galen v. Cnty. of Los Angeles, 322 F. Supp. 2d 1045 (C.D. Cal. 2004).
· cites it 2× “3 ¶ 45; Penal Code § 1269c and other relevant portions of the California Penal Code.”
Galen v. Cnty. of Los Angeles, 468 F.3d 563 (9th Cir. 2006).
· cites it 4× “” CaLPenal Code § 1269c. California law requires that non-capital defendants be offered bail.”
People v. Int'l Fid. Ins. Co. CA4/2 (Cal. Ct. App. 2016).
· cites it 2× “While the principal on the bond, Jose Rodriguez, was released from custody on the bail bond, he and his counsel were present in court, awaiting his arraignment, when plaintiff and respondent, the People, filed and served his counsel with a motion to increase the bail bond amount…”
Ayala v. Super. Ct. (Cal. Ct. App. 2020).
“(Pen. Code, § 1269c.) Likewise, for most offenses, the defendant may apply for release "on bail lower than that provided in the schedule of bail or on his or her own recognizance.”
Welchen v. Cnty. of Sacramento, 343 F. Supp. 3d 924 (E.D. Cal. 2018).
“This Bail Schedule is "prepare[d], adopt[ed], and annually revise[d]" by the county's superior court judges who consider the "seriousness of the offense charged.”
In re Harris (Cal. 2024).
“) Penal Code section 1269c, meanwhile, likewise permits a peace officer who has reasonable cause to believe the amount of bail set forth in the bail schedule for a felony offense is insufficient to ensure the defendant’s appearance or to protect a victim or the victim’s family…”
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