Sometimes, yes. In California, a person charged with murder can often be bailed out, but not always. Murder with special circumstances, where the proof is evident or the presumption great, can mean no bail at all. For other murder charges, county bail schedules commonly start at $1,000,000, and a judge can raise, lower or deny that amount at the first court appearance.
This guide explains which murder cases are bailable, what the number on the schedule really means, what a bond costs on a seven-figure bail, and what a family should do in the first 48 hours.
TL;DR
- Murder with special circumstances is generally a no-bail charge under the California Constitution and Penal Code 1270.5. Other murder charges are bailable in principle.
- Many county schedules list $1,000,000 for a standard murder charge. The judge at arraignment makes the final call and can change it.
- A bail bond premium is typically 10% of the bail, so $100,000 on a $1,000,000 bail. Attorney-referred cases can qualify for 8%.
- Arraignment must happen within 48 hours of arrest, excluding weekends and court holidays. Do not post anything before you know the amount the judge set.
- Call a licensed agent yourself. California bail agents are not allowed to solicit you.
Table of Contents
- When a murder charge means no bail
- What the bail schedule says about murder
- The first 48 hours: arraignment is where it is decided
- Ability to pay and non-financial release
- What a bond costs on a murder bail
- Our perspective: murder bail is a different kind of call
- If the court denies bail or places a hold
- A practical checklist for families
- What happens after release
- Working with us on a high-bail case
- FAQ
- Sources
When a murder charge means no bail
California's constitution gives most people a right to release. Article I, Section 12 says a person shall be released on bail by sufficient sureties, with exceptions. The first exception is capital crimes when the facts are evident or the presumption is great. The section also carves out certain violent felonies and felony sex offenses where a court finds clear and convincing evidence of a substantial danger.
The statute that applies to the first exception is Penal Code 1270.5. It says a defendant charged with an offense punishable by death cannot be admitted to bail when the proof of guilt is evident or the presumption is great.
In practice, that mostly means murder with special circumstances. The Orange County 2026 felony bail schedule shows the split plainly: murder with a special circumstance is listed as no bail, and all other murders are listed at $1,000,000.
Two points matter for families:
- First-degree and second-degree murder are not automatically the same. The charge the prosecutor files, and any special-circumstance allegation, decides which track the case is on.
- The charge can change. What the booking sheet says on the night of arrest may not be what the district attorney files. Bail can move with it.
What the bail schedule says about murder
Every California county adopts a uniform bail schedule under Penal Code 1269b. It lists a presumptive amount for each offense. The amounts differ by county, and they are updated, often every year.
Here is what the 2026 schedules we found show for the ordinary murder charge:
| County | Standard murder (no special circumstance) | Special circumstance |
|---|---|---|
| Orange | $1,000,000 | No bail |
| San Luis Obispo | Set by schedule, see the court's 2026 felony and misdemeanor schedule | Generally not bailable |
| Lake | Set by schedule, see the court's 2026 uniform schedule | Generally not bailable |
Other counties, and some that list aggravating factors such as the use of a weapon or multiple victims, set presumptive amounts well above $1,000,000, in some cases several million. Always read the current schedule from the court in the county where the person is held. We cover the numbers in more detail in How Much Is Bail for Murder in California?.
A schedule is a starting point, not a promise. The Riverside court's schedule notes that a judicial officer reviews factors under Penal Code 1275 and the constitution before setting bail, including the safety of the victim and the public. In a murder case, expect the prosecutor to ask for more than the schedule, or for no release.
The first 48 hours: arraignment is where it is decided
After an arrest, the defendant has a right to arraignment within 48 hours, excluding weekends and court holidays, under Penal Code 825. The Riverside Superior Court explains that at this first appearance the judge states the charges, advises the defendant of their rights, and has the authority to set, raise, lower or deny bail.
That has real consequences for a family:
- The scheduled amount can change in the courtroom. Do not collect money against the schedule number alone.
- A weekend arrest can mean a long wait. Because weekends are excluded from the 48 hours, a Friday-night arrest may not see a judge until early the following week.
- A hearing may come before any bond can be posted. In high-stakes cases a court may order a hearing before release, and the prosecutor can move to increase bail.
- The judge weighs more than money. California courts have been trained to treat public safety and victim safety as primary considerations in bail. The Judicial Council's pretrial overview lists the seriousness of the offense, the prior record and the likelihood of appearing in court.
If the defendant has a lawyer, get that lawyer involved before the hearing. A defense attorney can argue for a lower amount or for release conditions, and can tell you whether a special-circumstance allegation is likely.
Ability to pay and non-financial release
In 2021 the California Supreme Court ruled in In re Humphrey that conditioning freedom solely on whether someone can afford bail is unconstitutional. The court affirmed that a person was entitled to a new bail hearing where the trial court had not considered inability to pay.
What that means in a murder case is limited. The decision does not make serious charges bailable, and public safety remains a legitimate basis to detain. But it does mean a defense lawyer can ask the court to consider the defendant's finances and non-financial conditions. For some defendants charged with serious offenses, a judge may set conditions such as electronic monitoring, or may order detention instead of a money amount. Ask the defense attorney what is realistic in your county and for your facts.
What a bond costs on a murder bail
A bail bond is a contract. A licensed bail agent posts a surety bond with the court guaranteeing the full bail amount, and the family pays a premium. The California Department of Insurance has regulated this business since the Bail Bond Regulatory Act of 1937. The standard premium is 10% of the bail, and rates must be filed and applied uniformly, according to the Department's overview of the bail system.
Here is the math on common murder bail amounts, using our published 10% premium and 8% attorney rate:
| Bail amount | Premium at 10% | Premium at 8% (attorney) |
|---|---|---|
| $1,000,000 | $100,000 | $80,000 |
| $2,000,000 | $200,000 | $160,000 |
| $5,000,000 | $500,000 | $400,000 |
The premium is the fee for the bond. It is not refunded when the case ends, even if charges are dropped. You can run your own figures with our bail bond cost calculator, and our guide on how bail bond fees are calculated walks through the rest.
Collateral and the co-signer
A bond of this size is a large risk for the agency. Expect the agent to look closely at the co-signer, the person who signs and becomes responsible if the defendant misses court. That usually means income verification, and often collateral such as real estate. Low or 0% down offers on a bond this large depend on the co-signer's credit and assets. The Department of Insurance notes that the price a family sees varies with the co-signer's creditworthiness and asset strength.
If an agent promises a shortcut or asks for money outside the filed premium structure, walk away. The Department of Insurance warns that this is often a violation of the Insurance Code. Our page on hidden bail bond fees lists what to look for in a contract.
Our perspective: murder bail is a different kind of call
Most calls we take are for bonds in the low thousands. A murder charge is another animal. The family is in shock, the number is huge, and the timeline is not in anyone's control because a judge has to speak first.
Here is what we tell families:
- Do not let anyone rush you. A bond this size is a serious financial commitment. Read every page before you sign.
- Get the real number first. The schedule says one thing, the judge may say another. We would rather you wait for the arraignment result than prepare for the wrong figure.
- Be honest about the co-signer. The person who signs carries the responsibility for every court date. Think about whether they can handle it for what may be a long case.
- Talk to us directly. We run our own service with no call center and no middleman, so the person who answers your questions is the person who works your case. We cover all 58 California counties, offer free consultations, and answer 24/7, with Spanish, Hindi and Arabic support.
- Use your lawyer. We give attorneys an 8% rate on qualifying cases, and we will work with defense counsel on paperwork and timing.
We will tell you plainly when a bond is not possible, such as when a judge has denied bail. Better to hear that from us on day one than after you have spent days gathering money.
— Jake
If the court denies bail or places a hold
Not every no-bail situation is a final one. A person may be held without bail on a murder charge, but later get a bail hearing, for instance if the charge is reduced or the evidence changes. A defense lawyer can ask the court to revisit the question.
Separately, some people are held on a PC 1275 hold, which requires the court to look into the source of bail money before a bond is accepted. If the family is trying to post bail on a related or underlying matter, these pages may help:
- PC 1275 hold in California explains the bail source hearing.
- The 24-hour rule for a PC 1275 hold gives a courtroom checklist.
- California no-bail holds lists steps families can take in the first 24 hours.
Because 1275 holds are one of our specialties, we can often explain what documents the court will want about the source of funds, before the hearing rather than after.
A practical checklist for families
- Confirm where the person is held and the charge on the booking record. Use the county sheriff's inmate locator.
- Call a defense lawyer, or ask the court about a public defender if you cannot afford one.
- Find the arraignment date and time. Remember the 48-hour clock excludes weekends and court holidays.
- Pull the county's current bail schedule from the court's website to learn the presumptive number, and treat it as a starting point.
- Choose the co-signer carefully. One adult with stable income and assets is better than several relatives who cannot cover a forfeiture.
- Gather documents early: ID, proof of income, and proof of any property you may offer as collateral.
- Ask questions before you sign. Our list of questions to ask a bail bondsman is a good start.
A note on how agents find you: California bail agents are prohibited from soliciting business, and the Department of Insurance says the arrestee, their attorney or an adult family member or friend must make first contact. Unsolicited calls or messages are a red flag. Also remember that bounty hunters, formally bail fugitive recovery persons, are not licensed by the Department of Insurance.
What happens after release
Release on a murder bond comes with obligations. The defendant must attend every court date. If they do not appear, the court can order forfeiture of the bail or bond and issue a warrant, according to the Riverside Superior Court. The same page notes the court may also suspend a driver's license. On a seven-figure bond the financial exposure to the co-signer is severe, and the defendant faces far worse.
The judge may also attach conditions, such as no contact with certain people, travel limits or surrender of a passport. A violation can lead to bail being revoked. We stay in touch with clients through each court date so nothing is missed.
Working with us on a high-bail case
We handle felony bail bonds across California, including serious charges, federal and immigration bonds, and PC 1275 holds. Consultations are free. If you need to begin paperwork remotely, our online bail bonds service lets you start without visiting an office. For the full range of what we do, start at Jake Hernandez Bail Bonds.
If you want to understand the cost on a specific bail amount before the hearing, use the cost calculator and then call us with the number. For a broader view of the process on any felony, see our 24 to 72 hour felony bail checklist.
FAQ
Do people get bail on murder charges in California?
Often, yes, but not when the charge carries a possible death sentence and the proof is evident or the presumption great. That generally means murder with special circumstances. For other murder charges, county schedules list an amount, commonly $1,000,000, and the judge decides at arraignment whether to keep, raise, lower or deny it.
How much is a bail bond for a $1,000,000 murder bail?
At the standard 10% premium, the bond costs $100,000. With our 8% attorney rate on qualifying cases, it is $80,000. The premium is not refunded after the case, and the agency will likely ask for collateral and a strong co-signer on a bond this size.
Is it better to pay bail or a bond?
Paying the full bail in cash returns the money, minus any fees, when the case ends and all court dates are met. A bond costs only the non-refundable premium, but it lets a family free up cash. On a murder bail of $1,000,000 or more, most families cannot pay the full amount, so a bond is the usual route.
Can bail be lowered in a murder case?
Yes, a defense attorney can ask the judge for a bail hearing to argue for a lower amount or for non-financial conditions. Courts look at the seriousness of the offense, prior record, public safety and the chance the person will appear. The prosecutor can also ask to raise bail, so the amount can move either way.
Sources
- California Constitution, Article I, Section 12
- California Penal Code 1270.5
- Orange County 2026 felony bail schedule
- San Luis Obispo 2026 bail schedule
- Lake County uniform bail schedule 2026
- Riverside County felony and misdemeanor bail schedule
- Riverside Superior Court, criminal division
- Judicial Council, Pretrial Law and Procedure overview
- In re Humphrey, California Supreme Court (2021)
- California Department of Insurance, Bail Bonds
- California Department of Insurance, An Exploration of California's Bail System (2017)