Bail in California: The Law Presumes Release — Not Jail
If you or a loved one has been arrested in California, one of the most frightening moments often comes after the arrest — learning that bail has been set at an amount that makes release impossible. Many families assume there is nothing that can be done. That is simply not true.
Under California law, pretrial release is the rule — not the exception. Detaining an accused individual before trial is supposed to be rare, and courts are constitutionally required to favor release whenever possible. At Wallin & Klarich, our criminal defense attorneys regularly go to court to challenge excessive bail and seek either a significant bail reduction or outright release.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
The Constitution Presumes Freedom
California’s Constitution has protected the right to bail since 1849. Article I makes clear that:
- People accused of crimes are presumed innocent
- Pretrial detention is an exception, not the norm
- Bail must not be used as a tool to punish or coerce
- Detention without bail is allowed only in very limited circumstances and only after strict legal findings are made
In other words, jail before trial is not supposed to be automatic. Courts must start from the presumption that a person should be released pending trial — either on affordable bail or on reasonable non-monetary conditions.
Bail Cannot Be Set Just Because the Charges Sound Serious
In recent years, California appellate courts — including the California Supreme Court — have made something very clear:
Judges may not detain someone simply because they dislike the allegations or want to “play it safe.”
Under cases like In re Humphrey and In re Harris, the law requires that:
- Guilt may not be presumed at any bail hearing
- The prosecution bears the burden of proof
- Detention may occur only if the prosecution proves, by clear and convincing evidence, that no conditions of release can reasonably protect public safety or ensure court appearances
- Courts must consider less restrictive alternatives before ordering detention
Setting bail at an amount a person cannot afford — without making those findings — is effectively the same as ordering detention. And California courts have repeatedly said that is unconstitutional.
Why High Bail Is Not About Public Safety
High money bail does not measure risk. It measures wealth.
If bail alone determined safety, wealthy people accused of serious crimes would be detained — but they’re not. They pay and go home. Meanwhile, people accused of far less serious conduct may remain in jail simply because they lack financial resources.
That is not public safety. That is economic detention, and California law does not permit it.
How Wallin & Klarich Fights Excessive Bail
When bail is set too high — or when a loved one is ordered detained without proper findings — Wallin & Klarich can take immediate action, including:
- Filing a motion to reduce bail
- Requesting a constitutionally compliant bail hearing
- Presenting evidence of:
- Community ties
- Employment history
- Lack of criminal history
- Ability to comply with conditions
- Availability of non-monetary conditions
- Challenging unsupported claims of danger or flight risk
- Filing habeas corpus petitions when trial courts ignore constitutional limits
Our attorneys understand that every day in custody matters. Pretrial detention can cost someone their job, strain families, and place enormous pressure on accused individuals to plead guilty — even when the case is weak or defensible.
Pretrial Detention Is Supposed to Be Rare
The law assumes that most cases should be resolved quickly at arraignment with release on:
- Affordable bail
- Own recognizance (OR) release
- Supervision or monitoring conditions
Detention is reserved for only a narrow category of cases — and only after the prosecution meets its burden. When courts skip that analysis, Wallin & Klarich steps in to enforce the Constitution.
Call Wallin & Klarich Today
If you or someone you love is being held in custody because bail is set too high, do not assume the decision is final. Many people remain jailed simply because no one challenges the order. At Wallin & Klarich, our criminal defense attorneys have decades of experience standing up to unlawful bail practices and fighting for pretrial release. We understand the law, we understand the courts, and we know how to demand compliance when constitutional rights are ignored.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
