The Humphrey hearing, the 1275 hearing, and how judges decide.
Point 1
Bail hearings happen at arraignment, at a separate bail review, or after a Humphrey motion is filed.
Point 2
Under In re Humphrey (2021), the judge MUST consider the defendant's ability to pay and use the least restrictive alternative — meaning non-monetary release should be considered first.
Point 3
For high bails or specific charges, the prosecution can request a PC 1275 hearing to confirm the source of funds is legitimate before bail is posted.
Point 4
Defense attorney presents: employment, residence, family ties, prior court appearance record, mental health/treatment commitments. Prosecution argues: flight risk, danger to community, prior failures to appear.
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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.