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LA County Pre Arraignment Release, Explained

Since October 2023, many people arrested in Los Angeles County go home without posting money. Many others still need bail. Here is the difference.

Since October 1, 2023, the Los Angeles County Superior Court has used pre arraignment release protocols for most misdemeanors and many nonviolent felonies. Serious and violent felonies are not eligible for release on nonfinancial terms before arraignment, and a judge can still set money bail at or after arraignment.

At a glance
  • Many lower level arrests end in cite and release or book and release
  • Some charges go to a 24 hour magistrate who sets release terms
  • Serious and violent felonies are excluded before arraignment
  • After arraignment, a judge can set money bail

What changed

Before October 2023, a person booked in Los Angeles County usually had a bail amount from the countywide schedule. The court replaced that schedule for most misdemeanors and nonviolent felonies with pre arraignment release protocols.

The change followed litigation over people being held between arrest and their first court date because they could not afford bail, and the 2021 In re Humphrey decision on ability to pay.

The three paths before arraignment

  1. Cite and release. The officer issues a citation with a court date and the person goes home.
  2. Book and release. The person is booked, then released with a court date.
  3. Magistrate review. For more serious charges, a magistrate who is available around the clock reviews the case and sets release terms or orders the person held until arraignment.

When bail still applies

Serious and violent felonies are not eligible for release on nonfinancial terms before arraignment. At arraignment or later, a judge can set money bail. Arrests in other counties, such as Orange, Riverside, San Bernardino and San Diego, follow those counties' own rules and bail schedules.

So the question families should ask is not whether LA has zero bail. It is whether this person, on this charge, has a bail amount right now. Check the LASD inmate locator or call us.

What to do tonight

  • Look the person up and see whether a bail amount is listed.
  • If no bail is listed, the person may be released or may be waiting for a magistrate review. Call LASD inmate information at (213) 473-6100.
  • If bail is listed, call Jane Un Bail Bonds at (800) 351-8911 with the name, jail, charge and amount.

Questions

Does zero bail mean everyone is released?

No. It covers most misdemeanors and many nonviolent felonies before arraignment. Serious and violent felonies are excluded, and a judge can still set bail at or after arraignment.

Does this apply in Orange County or the Inland Empire?

No. These are Los Angeles County Superior Court protocols. Other counties use their own bail schedules and rules.

Need help tonight? Call or text (800) 351-8911, 24 hours a day.

Sources

  1. Superior Court of California, County of Los Angeles
  2. LA Public Press, What to know about LA County's new zero bail policy (October 2023)
  3. Supreme Court of California, In re Humphrey (2021) opinion
  4. Los Angeles County Sheriff's Department, Custody FAQ

Sources checked October 27, 2026.

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