In re Humphrey (S247278, March 2021) was a unanimous California Supreme Court decision holding that conditioning pretrial release solely on the ability to pay bail violates due process and equal protection.
What Humphrey actually requires
Judges must (1) consider the defendant's ability to pay, (2) consider non-monetary alternatives, and (3) make detailed findings if cash bail is set.
What a Humphrey motion looks like
Defense files a written motion with: (a) financial declaration showing income and assets, (b) proposed release conditions (check-ins, GPS, treatment), (c) community ties evidence.
When to file
At arraignment, at any bail review, or any time the financial situation changes. Filing fees are waived for indigent defendants.
Outcomes
Successful Humphrey motions result in: OR release, supervised OR, reduced bail tied to ability to pay, or non-monetary conditions like GPS monitoring.
How we help
We coordinate with defense counsel to provide financial documentation and a co-signer profile that strengthens Humphrey motions. Call (909) 406-6909.
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Jails mentioned in this guide
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Updated October 23, 2026 · Information only — not legal advice. For specific situations call (909) 406-6909.