Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 1. Bail / ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail
California Codes

Cal. Penal Code § 1274 (2026)

In What Cases the Defendant May Be Admitted to Bail

✓ current as of May 2026
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When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given to the District Attorney of the county.

Notes of Decisions
Cited in 3 cases, 1967–1999 · leading case: McLaughlin v. State Bd. of Educ., 89 Cal. Rptr. 2d 295 (Cal. Ct. App. 1999).
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McLaughlin v. State Bd. of Educ., 89 Cal. Rptr. 2d 295 (Cal. Ct. App. 1999). “An existing statute (Pen. Code, § 1274) required notice in cases where bail was sought.”
Williams v. Cnty. of San Joaquin, 225 Cal. App. 3d 1326 (Cal. Ct. App. 1990). “Said process is a violation of law, specifically, Penal Code Section 1274, which provides that whenever bail is a matter of discretion notice of application must be given to the District Attorney and when admission to bail is a matter of discretion the court or officer to whom…”
People v. Hadley, 257 Cal. App. 2d 871 (Cal. App. Dep’t Super. Ct. 1967). “For example, Penal Code, section 1274 provides for notice to the district attorney when bail is a matter of discretion; Penal Code, sections 1276 and 1302 likewise refer to the notice to the district attorney.”
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