Humphrey and County Schedules Decide Burglary Bail in California
Bail for burglary in California typically falls within a range that varies by the degree of the charge and the county where the arrest happens. First-degree residential burglary usually carries the higher end of that range, while second-degree or shoplifting-related burglary sits lower. Because Penal Code §1269b lets each county set its own schedule and In re Humphrey requires judges to weigh a defendant’s ability to pay, the fastest move is to call a bail agent or defense attorney the moment booking is confirmed.
TL;DR:
- First-degree residential burglary bail amounts are typically higher, often around $55,000, compared to lower amounts for second-degree or shoplifting-related burglaries.
- The bail schedule varies significantly across counties, and the initial bail set at booking can be adjusted by judges within hours or at arraignment based on nonfinancial factors.
- Recent legal changes require courts to consider a defendant’s ability to pay and nonfinancial conditions before setting bail, making scheduled figures a starting point rather than a fixed amount.
- Defendants can be released through full cash payment, bail bonds, release on own recognizance, or a bail hearing to seek lower bail based on Humphrey factors.
- Failing to appear after posting bail results in a forfeited bail amount and a higher flight risk assessment for future court proceedings.
Table of Contents
- What typical bail amounts look like for burglary
- How bail is set in California: the legal framework
- County bail schedules and variation: where to check
- Options to secure release after a burglary arrest
- How much a bail bond costs and payment options
- Bail reduction and reconsideration hearings for burglary charges
- How recent bail reform has changed burglary cases
- Bail versus citation and own-recognizance release
- What happens if you miss court after posting bail
- How prior record and charge severity shape the final number
- What years of bail work in California teaches you
- How Armstrong Bail Bonds can help with burglary bail
- Sources
- FAQ
What typical bail amounts look like for burglary
Bail schedules give a starting number, not a final verdict. Most counties separate burglary into two tiers based on Penal Code §459: first-degree, which covers entry into an occupied residence, and second-degree, which covers commercial and other nonresidential entries, including many shoplifting-related cases.
Schedule entries for first-degree residential burglary commonly land at higher amounts in several counties, reflecting the added weight courts place on offenses tied to someone’s home. Second-degree burglary entries tend to run lower, particularly when the underlying conduct resembles retail theft rather than a home intrusion.
A few patterns show up across county documents:
- First-degree residential burglary schedules commonly cluster at higher amounts.
- Second-degree or nonresidential burglary schedules often fall at lower amounts.
- When several charges stem from a single act, courts frequently set bail at the highest listed amount rather than adding every figure together.
- When charges stem from separate acts or carry sentencing enhancements, amounts can be added or increased beyond the base schedule figure.
These numbers are pre-arraignment defaults. A magistrate can raise or lower the amount within hours of booking, and a judge can revisit it again at arraignment. Treat the schedule figure as the number you would need to post right now, not the number that necessarily governs the rest of the case.
How bail is set in California: the legal framework
Two statutes and one landmark case decide how burglary bail actually gets set. Penal Code §1269b requires every county’s superior court to adopt and revise a uniform bail schedule each year, which is why amounts differ from one county line to the next. That schedule is what a booking officer uses to set an initial bail figure before anyone sees a judge.
Penal Code §1269c gives police a way to push back on the schedule. If an officer believes the scheduled amount is not enough to guarantee a court appearance or protect a victim, the officer can ask a magistrate to raise it. That request has a deadline: if the magistrate does not act within eight hours of booking, the defendant is entitled to post the original scheduled amount.
In re Humphrey changed what happens next. The California Supreme Court’s 2021 ruling requires judges to consider nonfinancial release conditions first and to factor in a defendant’s ability to pay before setting a cash bail amount. Detention without bail is only allowed when the court finds, by clear and convincing evidence, that no less restrictive option will protect public safety or ensure the person returns to court.
Detention based solely on a defendant’s inability to pay is unconstitutional absent a finding that no less restrictive alternative will protect victim or public safety. In re Humphrey, California Supreme Court
Courts must now document their reasoning. Judicial advisory materials on pretrial release describe forms like CR-104 that help judges record whether they considered nonfinancial alternatives and affordability before setting a bail amount or ordering detention. That paperwork exists because Humphrey turned bail-setting into an individualized decision rather than a rubber stamp on the county schedule.
This matters for burglary cases specifically. A first-degree burglary charge might carry a $55,000 schedule figure, but a judge who receives evidence about a defendant’s income, community ties, or lack of prior record can lower that number substantially, or replace it with a nonfinancial condition altogether.
County bail schedules and variation: where to check
Every county publishes its own schedule, and the numbers for the same charge can differ by tens of thousands of dollars from one county to the next. The fastest way to find the actual figure for a specific arrest is to check the county superior court’s website or the statewide court information page, which links out to individual county schedules.
Two examples illustrate the range:
- The Solano County bail schedule lists first-degree residential burglary at higher bail amounts, with lower figures for second-degree entries.
- The Santa Clara County bail schedule separates first-degree and second-degree burglary into distinct line items, and adds separate entries for burglary involving explosive devices or other enhancements.
- Los Angeles and San Diego counties maintain their own schedules with comparable tiering, so the exact dollar figure still depends on which county processed the booking.
The practical takeaway: pull up the arresting county’s current schedule as soon as you know the booking number and charge code. That single document tells you the number you are working with before anyone picks up a phone.
Options to secure release after a burglary arrest
Families facing a burglary arrest generally have four paths to release, and the right one depends on cash on hand, the schedule amount, and how the arraignment plays out.
- Post the full scheduled cash amount directly with the jail, which gets refunded (minus court fees) once the case resolves, assuming no bail forfeiture along the way.
- Work with a bail bond agent, who posts the full amount in exchange for a nonrefundable premium, usually a percentage of the total bail.
- Seek release on own recognizance (OR), which a judge may grant without any payment if the defendant is not seen as a flight or safety risk.
- Request a bail hearing at arraignment to argue for a lower amount, OR release, or nonfinancial conditions under the Humphrey framework.
Nonfinancial conditions often ride alongside OR release or reduced bail: check-ins with a pretrial services officer, electronic monitoring, a stay-away order from an alleged victim, or surrender of a passport. None of these require posting money, but all of them carry consequences for noncompliance.
The clock matters here. Booking to arraignment typically takes one to three business days depending on the county and whether the arrest happened on a weekend, and the scheduled bail amount from Penal Code §1269c controls that entire window unless a magistrate acts within eight hours to change it.
Pro Tip: Before calling anyone, write down the booking number, the county, and the exact charge code from the jail’s inmate lookup. That single piece of paper cuts the time a bail agent or attorney needs to confirm the case and start paperwork.
How much a bail bond costs and payment options
A bail bond premium is the nonrefundable fee a bonds provider charges to post the full bail amount on a defendant’s behalf. Premium percentages vary by provider and by promotional offer, so the number you’re quoted should always be confirmed directly with the company before signing anything.
To see how the math works, take an illustrative $50,000 bail figure, the kind of amount that shows up on several county schedules for first-degree residential burglary:
These percentages are illustrative categories, not guaranteed rates. Bail bonds practice historically caps premium percentages, and actual offers depend on the provider, the defendant’s qualifications, and any promotional terms in effect at the time. Cosigners are usually required regardless of premium rate, and collateral, such as property or a vehicle title, may or may not be necessary depending on whether the provider offers a no-collateral option. Most established bonds providers now accept online applications and offer payment plans that spread the premium over several months rather than requiring it upfront.
Bail reduction and reconsideration hearings for burglary charges
A defense attorney can request a bail reduction hearing at arraignment or file a motion later in the case, and burglary defendants have a real shot at a lower figure when the circumstances support it. The court looks at the same factors Humphrey requires for the original bail decision: whether nonfinancial conditions could protect public and victim safety, whether the defendant can realistically pay the scheduled amount, criminal history, ties to the community, and the specific facts of the burglary charge.
A first-degree residential burglary allegation involving an occupied home with a victim present is harder to argue down than a second-degree commercial burglary with no victim contact. Judges also weigh flight risk heavily, so a defendant with steady employment and local family ties has a stronger case for reduction than someone with none of those anchors.
Attorneys typically file a written motion citing Humphrey and supporting facts, then argue it at a hearing where the prosecution can respond. Because courts must now document their reasoning under the advisory guidance tied to Humphrey, a well-supported motion has a genuine chance of moving the number, or replacing cash bail with OR release and conditions entirely.
How recent bail reform has changed burglary cases
California’s bail landscape shifted twice in recent years, and burglary defendants feel both changes. Proposition 25, a 2020 ballot measure that would have replaced cash bail statewide with a risk-assessment system, failed at the polls. Therefore, the cash bail schedule structure under Penal Code §1269b remained in place.
The bigger shift came from the courts rather than the ballot box. In re Humphrey did not eliminate cash bail, but it changed how judges are required to use it. Before Humphrey, a burglary defendant’s ability to pay was rarely a formal factor in setting the schedule amount. After Humphrey, judges must weigh that ability to pay and consider nonfinancial alternatives before defaulting to the schedule figure, and they must document that reasoning.
For a burglary defendant, this means the posted schedule amount for residential or commercial charges is increasingly treated as a starting point for negotiation rather than a fixed requirement, particularly for defendants who can show limited financial means and low flight risk.
Bail versus citation and own-recognizance release
Not every burglary arrest results in a bail amount at all. For lower-level second-degree burglary cases, some jurisdictions issue a citation with a promise to appear, which lets the person go without booking or posting any bail. This is less common for burglary than for minor misdemeanors, but it happens when the facts and the defendant’s record support it.
Release on own recognizance (OR) is different from a citation. OR release happens after booking, usually decided by a judge at arraignment, and it requires the defendant to sign a written promise to appear in court without paying anything. Courts consider the same Humphrey factors: criminal history, flight risk, and whether the charge involves a residence or a victim.
Cash bail and bail bonds are the fallback when a judge is not comfortable with OR release alone. For first-degree residential burglary specifically, OR release is less common because judges tend to view home-invasion-type conduct as carrying higher public safety weight, even under the Humphrey framework’s preference for nonfinancial alternatives.
What happens if you miss court after posting bail
Failing to appear after bail is posted triggers consequences for both the defendant and whoever secured the bond. The court issues a bench warrant for the defendant’s arrest, and the bail amount is typically forfeited, meaning the cash or the bond is at risk of being lost entirely.
For a cash bail, the full amount posted is usually forfeited to the court. For a bail bond, the bonds provider becomes liable for the full bail amount to the court, which is why bonds agreements typically hold the cosigner responsible for locating the defendant or covering the forfeited sum. Missing court also adds a new charge in many cases: failure to appear, which carries its own penalties on top of the original burglary charge.
Beyond the financial hit, a missed court date makes any future bail request far harder. A defendant who has already failed to appear once is treated as a higher flight risk at the next hearing, which works against the Humphrey factors that might otherwise support a lower bail amount or OR release.
How prior record and charge severity shape the final number
Two facts drive the actual bail number more than any other variable: which degree of burglary is charged, and what the defendant’s record looks like. First-degree residential burglary starts from a higher schedule figure because it involves an occupied dwelling, and a judge weighing Humphrey factors will treat a prior burglary or violent-crime conviction as evidence of risk that can justify keeping bail at or near the schedule amount.
A defendant with no prior record and a second-degree, nonresidential burglary charge is in the strongest position for a bail reduction or OR release. A defendant with prior convictions, especially prior failures to appear, or a first-degree charge involving a victim who was present during the offense, is far more likely to see bail held at the higher scheduled figure or increased under the Penal Code §1269c process described earlier.
Multiple current charges from separate incidents also push the total higher, since courts often add bail amounts for unrelated acts rather than treating them as one figure the way they might for charges arising from a single event.
What years of bail work in California teaches you
Families calling about a burglary arrest almost always want one number and one next step, not a legal seminar. Since 1926, Armstrong Bail Bonds has seen how fast a case moves once someone has the booking number, the county, and the exact charge in hand, sometimes leading to release within 30 minutes once paperwork is ready. Have your ID, your relationship to the arrestee, and a payment method ready before you call, and expect bilingual, 24/7 support the moment you do.
— Jake
How Armstrong Bail Bonds can help with burglary bail
A burglary arrest does not wait for business hours, and neither does Armstrong Bail Bonds. Whether the charge is first-degree residential burglary with a $55,000 schedule figure or a lower second-degree amount, licensed agents are available around the clock to start the paperwork the moment you call.
Here’s what speeds things up on our end:
- Have the booking number, county, and exact charge code ready from the jail’s inmate search.
- Bring a valid ID and be ready to explain your relationship to the person in custody.
- Choose a payment method upfront: 1% Bail Bonds and 2% Bail Bonds offer lower upfront costs than the standard 10% premium, and No Collateral Bail Bonds are available for qualifying clients.
- Apply online if you would rather start the paperwork before speaking with an agent by phone.
Unlike a call center, you’ll speak directly with a licensed agent who has handled California burglary cases for decades and knows the local courts. Start the process now at Armstrong Bail Bonds and get someone home while the paperwork is still fresh.
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Sources
- In re Humphrey, Supreme Court of California
- California Penal Code §1269c
- Solano County bail schedule (2026)
- Santa Clara County bail schedule (2026)
- Criminal Law Advisory Committee materials — findings and orders for pretrial release or detention
FAQ
What is the sentence for burglary in California?
Sentencing depends on the degree of the charge: first-degree residential burglary is a felony that can carry a state prison term, while second-degree burglary can be charged as a felony or misdemeanor depending on the facts and the defendant’s record. The exact sentence depends on prior convictions and case-specific factors a defense attorney can walk through.
How much is bail for a felony in California?
Felony bail amounts vary widely by county and by the specific charge, since each county sets its own schedule under Penal Code §1269b. For burglary specifically, first-degree residential charges commonly fall in the $50,000 to $55,000 range in several county schedules, while lower-level felony burglary charges often run lower.
How serious is a burglary charge?
Burglary is treated as a serious offense in California, particularly first-degree residential burglary, which involves entering an occupied home and carries higher bail schedule amounts than most theft-related charges. The seriousness also affects how judges apply the Humphrey factors, since courts weigh public and victim safety heavily for residential cases.
How much does a $500,000 bail bond cost?
The premium owed on a bail bond is a percentage of the total bail amount, and that percentage varies by provider and by any promotional rate in effect. Using a standard 10% premium as an example, a high bail amount would carry a premium calculated as 10% of the bail, though actual rates should always be confirmed directly with the bonds provider.