Zero/No-Cash Bail in Los Angeles County: What You Need to Know

The law governing bail in California is rooted in both the California Constitution and the state’s Penal Code. Historically, bail — a bond or cash posted to secure a defendant’s release from custody after arrest but before trial — was set according to a standardized bail schedule that assigned monetary amounts to specific offenses. In Los Angeles County, that system changed dramatically beginning October 1, 2023, with the adoption of Pre-Arraignment Release Protocols (PARP), which drastically limit reliance on cash bail and instead focus on risk-based release decisions.

Below, we explore zero bail policies in LA County and what they mean for people who wind up in the criminal justice system. If you have been arrested for a misdemeanor or felony offense in L.A., contact Kosnett Law Firm to speak with a skilled and experienced Los Angeles criminal defense attorney.

Shift from Cash Bail to Pre-Arraignment Release Protocols (PARP)

Under California law, defendants have a constitutional right to reasonable bail, but that right is balanced with public safety and the likelihood of the defendant’s appearance in court. At the state level, Penal Code sections 1268–1275.1 outline how bail is set and released, and the Superior Court of Los Angeles County is required to adopt a uniform countywide bail schedule. Traditionally, this schedule listed bail amounts (money bail) for bailable misdemeanor and felony offenses.

In Los Angeles County, the longstanding reliance on cash bail was challenged on constitutional grounds as discriminatory against those unable to afford bail. In 2023, the Los Angeles Superior Court’s executive committee adopted new Pre-Arraignment Release Protocols (PARP) to standardize release decisions based on risk to public and victim safety and the likelihood the defendant will appear in court, rather than a defendant’s ability to pay money bail. Under the new protocols:

• Money bail amounts remain part of the bail schedule, but they only apply to certain serious and violent offenses where state law requires a monetary bail determination.
• For most non-violent, non-serious misdemeanors and felonies, the system eliminates traditional cash bail and replaces it with structured release options or judicial review based on risk.
• A judge or magistrate is available 24/7/365 to assess release conditions before arraignment.

These protocols are designed to ensure that people who present minimal danger and are likely to return to court aren’t detained merely because they lack money to post bail.

The Three Core Pre-Arraignment Release Pathways

PARP establishes structured, non-financial pre-arraignment pathways for many arrests. This replaces the older system, where bail was almost always monetary unless ordered by a judge.

1. Cite and Release

Under this pathway, an arrested person is not taken into custody but is issued a citation on the scene and released with a Promise to Appear (PTA) for arraignment. This typically applies to low-level, non-violent offenses.

2. Book and Release

When an arresting agency decides to book the defendant into the station (for processing, fingerprinting, and records), the person is then released without posting money bail on their own recognizance with a Promise to Appear. Bail in these cases is set at $0.

3. Magistrate Review

Certain cases are referred to a magistrate judge before arraignment, including those that involve offenses where PARP directs additional review, cases where the arresting officer requests additional information, or where specific individual risk factors apply (e.g., prior failures to appear, prior violent history, or parole/probation status). In these situations, the magistrate conducts an individualized risk assessment and may:

• Release the person on their own recognizance.
• Release the person with non-financial conditions (e.g., electronic monitoring, pretrial supervision).
• Delay or deny release where risk cannot be reasonably mitigated.

Judicial availability at all times ensures risk assessments and release decisions occur without unnecessary delay.

Legal Basis and Exceptions to Zero Bail

Serious or Violent Felonies & Domestic Violence

While PARP covers a broad range of low-level offenses, state law still mandates traditional bail procedures for many serious or violent felonies and for offenses involving domestic violence, sexual assault, weapons charges, and other crimes outlined in the California Constitution and Penal Code (e.g., Penal Code 1270.1). In these situations, the defendant may only be released prior to arraignment if bail is posted per the schedule.

Those charged with capital offenses or specific constitutional felonies are ineligible for zero bail or non-financial pre-arraignment release, and typical monetary bail schedules apply.

Probation, Parole, or Post-Release Community Supervision

Defendants who are on parole, probation, or Post-Release Community Supervision (PRCS) when arrested are generally not eligible for automatic Cite and Release or Book and Release, even for eligible offenses. They are instead referred for magistrate review due to their heightened risk profile.

Individual Risk Factors That Can Affect Release

Even if the underlying charge falls into a category eligible for non-financial release, additional circumstances can prevent a zero bail outcome:

• Open or unresolved criminal cases or warrants.
• Multiple prior failures to appear in court.
• History of violence or public safety concerns documented in law enforcement systems.
• Arrest while already released on pre-arraignment protocols for another case.

These factors can trigger magistrate review and, in some cases, a determination that non-financial release does not sufficiently mitigate risk.

Practical Impact for Defendants in Los Angeles

The PARP framework fundamentally reshapes how defendants in Los Angeles County are treated immediately after arrest:

• Individuals arrested for eligible offenses may never post money bail before arraignment.
• Many will be in the community quicker via Cite and Release or Book and Release with a Promise to Appear.
• Those with complicating risk factors face judicial oversight and possible non-financial conditions instead of automatic monetary bail.
• Serious offenses still trigger traditional bail requirements.

This system aims to align release decisions with the constitutional goals of bail — ensuring return to court and protecting public safety — without imposing unnecessary detention based solely on financial resources.

Arrested in LA? Contact Kosnett Law Firm Today

The transition to Pre-Arraignment Release Protocols (PARP) in Los Angeles County marks a significant shift in how bail is handled before arraignment. For defendants and their families, understanding these protocols and how they apply in practice is essential for navigating the criminal justice system effectively and gaining pre-trial release whenever possible without having to put up a costly bond.

For practical advice and effective representation after an arrest in Los Angeles, contact Kosnett Law Firm for a free case evaluation.