Once a murder complaint or indictment is filed, the clock starts. Within 48 court hours the prosecutor must present the arrest paperwork to a judge, and an arraignment follows quickly—often the next business day.

At that hearing you receive a copy of the complaint, enter a plea, and the judge addresses custody status. Defense counsel can request a short continuance to gather documents for a full bail hearing, but the issue is never far away; every new appearance is a chance to revisit bail.

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The arrest report, filing decision and arraignment

Prosecutors review police reports, witness statements, and forensic evidence before deciding whether to pursue first-degree, second-degree, or special-circumstance (capital) murder. That charging choice drives the court’s bail authority.

The county bail schedule appears on the judge’s bench. For non-capital murder it usually lists $1 million to $5 million. The judge may:

Adopt the schedule,
Raise the amount for aggravating facts,
Lower it for unusual mitigating circumstances, or
Deny bail outright if the constitutional standards for detention are met.

How bail fits into the murder timeline

Constitutional framework for bail in murder cases

Article I, section 12 of the California Constitution states that a defendant “shall be released on bail” except for:

Capital murder when the evidence is strong;
Violent felonies if clear and convincing evidence shows release poses a substantial likelihood of great bodily harm;
Felonies involving credible threats of great bodily harm with a similar likelihood of violence if released.

Because most murder filings are non-capital, judges technically retain power to set bail, but the constitutional safety test is strict.

When bail can be denied outright

Even in a non-capital murder case, prosecutors can move to detain without bail. They must produce sworn declarations or live testimony showing:

The facts are evident or the presumption of guilt is great, and
No release condition can adequately protect the public.

The burden is clear and convincing evidence, a high but reachable standard in some fact patterns—e.g., gang assassinations, allegations of witness intimidation, or murders committed while the accused was on parole.

When bail can be granted or reduced

If the court finds public safety can be protected, it next considers the defendant’s resources. Under In re Humphrey (2021) the judge must:

Make written findings on ability to pay,
Consider non-financial alternatives (electronic monitoring, home detention), and
Set an amount the defendant can realistically post or explain why detention is still necessary.

Defense lawyers often present pay stubs, mortgage statements, and letters from employers to demonstrate limited means. A well-documented package can shave a million-dollar schedule down to a level a reputable surety will accept.

Building a strong bail argument

Evidence your lawyer should present

Community ties – Long-term residence, family dependents, school enrollment for children.
Employment – Verification of stable work or military service.
Health factors – Medical issues better treated outside jail.
Lack of violence on record – No prior strikes or bail violations.
Possible defenses – Self-defense evidence, shaky eyewitness ID, or questionable forensic results that reduce the apparent strength of the case.

Addressing ability to pay under Humphrey

Courts cannot set an amount simply because it appears on a schedule. A proposed figure must be within the accused’s financial reach or the court must justify why a higher figure — and detention if the defendant cannot meet it — is the least restrictive means to ensure safety and appearance. Strategic defense filings often include:

Net-worth declarations,
Affidavits from friends willing to act as sureties,
Proposed monitoring plans, and
Alternative housing arrangements away from alleged victims.

Practical considerations for families

Understanding bail bonds and costs

California commercial bail agents typically charge 8–10 percent of the face amount as a non-refundable fee. On a $2 million bond, the premium alone is up to $200,000, and collateral may also be required. Families should:

Obtain written quotes from multiple agents,
Avoid companies promising impossibly low rates, and
Confirm that collateral will be released automatically if the case is dismissed or reduced.

Automatic bail review and ongoing hearings

If a defendant stays in custody after five days, Penal Code § 1270.2 mandates an automatic bail-review hearing. Counsel can also file a motion to reduce bail under Penal Code § 1289 whenever new evidence emerges or when charges are amended. Because murder cases span months — sometimes years — persistent review often leads to lower bail or supervised release as the prosecution’s case evolves.

Why experienced counsel matters

Prosecutors arrive with officers, investigators, and a victim-rights representative. Leveling that field requires a defense team that:

Knows local bail-schedule quirks,
Can cross-examine risk-assessment experts,
Prepares comprehensive mitigation packets, and
Moves quickly to secure family documents before they become hard to locate.

Helfend Law Group has represented clients in murder cases across Los Angeles, Ventura, and Orange Counties since 1984. The firm has secured bail for defendants accused of single-victim second-degree murders, felony-murder allegations, and gang-enhanced homicides by demonstrating community support, pointing out weaknesses in the state’s forensic timeline, and proposing stringent electronic monitoring protocols instead of cash.

Recognition from Lead Counsel, Super Lawyers, and the National Trial Lawyers Top 100 reflects the firm’s record of creative, relentless advocacy.

Take the first step now

The days immediately after a murder charge are critical. Each hour matters for gathering mitigation evidence, locating witnesses, and shaping the bail narrative presented to the judge. Call Helfend Law Group at 1-800-834-6434 for a free, confidential case review.