Resisting Arrest Bail in California: What to Expect

Judge addresses bail during California hearing

If someone you love was booked for resisting arrest in California, the charge is usually a misdemeanor under Penal Code 148(a), and they can usually be released on bail, either through a bail bond or at arraignment on their own recognizance. The amount depends on the county’s bail schedule and on what else they were charged with. Often the arrest that led to the resisting charge is the larger issue. Below is how the process works, what it costs, and what to do in the first hours.

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TL;DR

Resisting, delaying or obstructing an officer under PC 148(a) is generally a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000.
This charge is one of the exceptions to release on a citation, so people booked on it are often held until they post bail or see a judge.
A bail bond premium is typically 10% of the bail amount, and you can ask about payment plans before signing anything.
Bail on the schedule is a starting point. At arraignment a judge can raise it, lower it, or release the person without bail.
Do not let your loved one enter a plea at arraignment before they have spoken with a lawyer.

What the charge means under California law
Why people are often held after a resisting arrest booking
How bail is set for a resisting arrest charge
What a bail bond costs for this charge
Getting someone out: the steps
Arraignment: what to protect your loved one from
Our perspective
Getting help with a bond
Common mistakes families make
FAQ
Sources

What the charge means under California law

California’s resisting arrest statute is Penal Code 148. Subdivision (a) covers anyone who willfully resists, delays or obstructs a public officer, peace officer or emergency medical technician in the performance of their duties. As a misdemeanor, the statute sets the maximum at one year in county jail and a fine of up to $1,000.

Some versions of the offense are more serious. The statute’s later subdivisions, (b), © and (d), deal with taking or attempting to take an officer’s weapon or firearm, and these carry heavier consequences. If the booking sheet lists a subdivision other than (a), or lists other charges next to it, the bail picture changes. Ask the jail or the booking officer for the exact charges, because everything below depends on them.

Two points surprise families:

It is not a felony by itself under 148(a). The felony exposure usually comes from other charges filed at the same time, such as assault on an officer, or from the weapon-related subdivisions.
It is not a minor ticket either. A conviction is a criminal record, and a record can affect work, housing and, for noncitizens, immigration status.

Why people are often held after a resisting arrest booking

For many misdemeanors, California allows an officer to release a person with a citation instead of booking them. The exceptions are listed in the Penal Code’s cite-and-release provisions, and resisting arrest is among the conditions that generally take a person out of eligibility for release on a citation. Violence, firearms, or being a danger to themselves or others are others.

In practice, that means your loved one may sit in a county jail until one of three things happens:

Someone posts the scheduled bail, usually through a bail bond.
They are arraigned and the judge releases them on their own recognizance (OR) or sets a different bail.
The case is resolved.

If an arraignment is not imminent, a bond is the fastest way home.

How bail is set for a resisting arrest charge

Each county’s superior court publishes a bail schedule that assigns a presumptive amount to each offense. A person arrested without a warrant can be released from custody before court by paying the scheduled amount, as the Santa Clara County schedule explains. If the arrest was on a warrant, bail was set in the warrant itself.

Two practical consequences follow:

The number differs by county. Los Angeles, San Diego, Orange and Riverside counties each publish their own schedule. Look up the county where the arrest happened, not where the family lives.
Charges add up. Many schedules add amounts for each offense and enhancement. A 148 charge booked alongside a DUI, a battery or a drug charge will carry a higher total than 148 alone.

We explain the mechanics in more detail on our pages about how bail is set and how bail is calculated. For typical ranges, see how much bail is in California.

The schedule is only a starting point

The scheduled amount is presumptive. At the first court appearance, the judge addresses bail and release conditions for anyone still in custody, and may keep the person in jail, release them, or set conditions.

The legal standard has also tightened. In In re Kowalczyk (2026), the California Supreme Court held that in noncapital cases bail must be set at an amount the defendant can reasonably attain, building on In re Humphrey (2021). Courts weigh public and victim safety, the seriousness of the offense, criminal history and the person’s finances. For a low-level charge like a standalone 148(a), that can mean a lower bail or release without money bail. Prison Legal News has a readable summary of the ruling’s limits, including that some defendants may still be detained.

Factors judges weigh when setting bail

The ruling does not change what happens in the first hours after booking, when the schedule usually still governs. It matters most once a judge reviews the case.

What a bail bond costs for this charge

When you use a bail bond, you do not pay the full bail. You pay a premium to the bail agent, and the agent posts a surety bond with the court. Our published premium is 10% of the bail amount.

A worked example makes this concrete. If bail on a booking is $10,000, the premium at 10% is $1,000. If the booking also includes other charges and the total is $25,000, the premium at 10% is $2,500. Your total depends on the number on the booking sheet, not on the 148 charge alone. This is an illustration of the arithmetic, not a quote for any particular case.

Three things worth knowing before you sign anywhere:

The state regulates premiums. The California Department of Insurance describes the 10% premium as the standard rate and notes that agents can lawfully offer lower effective rates through filed schedules and rebates. Ask what options exist rather than accepting the first quote.
Payment plans exist. You can ask about them up front. See our page on what happens if you can’t afford to pay your bond and our explainer on bail bond interest rates for how financing works.
The premium is a fee, not a deposit. It is generally not returned when the case ends, even if charges are dropped. That is the trade for not putting up the full amount.

On surrender, the same Department of Insurance document points to a regulation, Title 10 §2090, which bars an agent from surrendering a client to custody solely for non-payment of bail fees. A missed payment is a conversation with your agent, not an automatic return to jail. Read your agreement carefully anyway, and keep every page.

Getting someone out: the steps

Speed matters, because every night in county jail is a night away from work and family. This is the order that tends to work.

Confirm the booking. Use the county sheriff’s inmate locator, or our free inmate search, to find the person’s booking number, bail amount and charges. Jails can take a few hours to show new bookings.
Check the charges, not just the bail. A resisting charge listed with others changes the total.
Decide who will sign. The person who signs as indemnitor is legally responsible for the bond and the fee. Choose someone with steady income who understands the obligation. If you are considering this role, read how to remove yourself as a cosigner first, so you know the limits.
Start the paperwork. You can begin remotely through online bail bonds or by working with an agent in person.
Pay the premium and sign. The agent posts the bond with the jail.
Wait for processing. Release time depends on the facility and its workload. It is not instant.
Save the court date. Missing it can forfeit the bond and lead to a warrant.

If collateral worries you, see our guide on bailing someone out without collateral in California.

Arraignment: what to protect your loved one from

The arraignment is the first court appearance, where the charge is read and the judge handles bail. The California Courts self-help guide covers what happens at arraignment and advises getting legal counsel before pleading, since a guilty or no-contest plea at this stage can bring lasting consequences. These include immigration effects for noncitizens and limits on future employment, which are hard to see in the stress of jail intake.

If your loved one is a noncitizen, speak with a criminal defense or immigration attorney before any plea. If they have a public defender assigned, tell that attorney about citizenship status early.

A conviction also leaves a record that can matter across borders. For families with Canadian ties, this overview of criminal records, record suspensions and U.S. entry waivers explains how those processes work after a case ends.

The defense that matters most in a 148 case

A conviction under section 148 requires that the officer was lawfully performing their duties. According to the Judicial Council’s CALCRIM No. 2656, if the arrest or detention was unlawful, or the officer used excessive force, the defendant cannot be convicted under this section, and the prosecution carries the burden on that question once it is raised. That is a question for a defense lawyer, not a bail agent. Write down what you know: who was there, where it happened, whether anyone filmed it. Pass it to the attorney.

Our perspective

We have been writing bonds since 1926, and four generations of our family have worked these cases. Resisting arrest is one of the charges where families misjudge the situation most. They hear “misdemeanor” and assume it is simple, then find the person is still in jail because the charge makes citation release unlikely, or because it came with a more serious charge.

Our perspective — overview diagram

Our advice is practical. Get the exact charges and bail amount first. Talk to a licensed agent, not a call center, and ask every question about cost, timing and what the agreement obliges you to do. We keep our costs transparent: the premium is set by the regulatory framework, and we explain the payment options before you sign. We also say plainly when a bond may not be the right move. If a court appearance is hours away and release on your own recognizance is realistic, ask a lawyer whether waiting makes sense.

Families are often most worried about being tricked or trapped. You should expect straight answers, a clear contract and a person who picks up the phone at 2 a.m.

— Jake

Getting help with a bond

We serve Los Angeles and San Diego counties and the surrounding Southern California area, with licensed agents available around the clock and bilingual English and Spanish staff. You can start online, ask about payment plans, and use our free inmate search to check the booking. If the cost is the barrier, see our affordable bail bonds page or contact us through Armstrong Bail Bonds and we will walk through the numbers for your case.

Common mistakes families make

Paying the first number quoted. Ask about rates and payment plans. The Department of Insurance material above makes clear that agents can lawfully offer options.
Ignoring the other charges. A resisting charge seldom comes alone. Check the whole booking sheet.
Letting a pleading happen quickly. The arraignment feels like a formality. It is not.
Treating the court date as optional. A missed date can forfeit the bond and bring a warrant.
Discussing the facts on jail phones. Calls from jail are generally recorded. Keep the conversation to logistics and talk through the case with the attorney.
Signing without reading. Know your obligations as cosigner, including what the agreement says about payments, check-ins and collateral.

For wider reading, our guide to how bail works in California covers the full process, and our post on California pretrial release looks at recent changes. If the booking involves an assault allegation, see assault bail in California.

FAQ

Is resisting arrest a felony in California?

Under Penal Code 148(a), it is generally a misdemeanor, with a maximum of one year in county jail and a fine of up to $1,000. Related charges, such as those involving an officer’s weapon, can be more serious. Check the exact subdivisions on the booking record.

Can someone be released without paying bail for resisting arrest?

Sometimes. Resisting arrest generally prevents release on a citation, but at arraignment a judge can release a person on their own recognizance if they are not a flight risk or a danger to the public. That can take a day or more, which is why many families use a bond in the meantime.

How much does a bail bond cost for a 148 PC charge?

The premium is a percentage of the bail amount. Ours is published at 10%, so $5,000 of bail means a $500 premium. The bail itself comes from the county schedule or a judge, and other charges raise it. Ask about payment plans before you sign.

Does the bail amount stay the same after arraignment?

Not necessarily. The judge can keep it, raise it, lower it or release the person on their own recognizance. Under recent California Supreme Court decisions, bail in noncapital cases must be an amount the defendant can reasonably attain.

Do I need a lawyer if my loved one is out on bail?

Yes, in most cases. Bail only secures release. It does not address the charge, the plea or possible defenses, such as whether the arrest was lawful. For a noncitizen, speak with an attorney before any plea.