Section 1270 Of Article 1. In What Cases The Defendant May Be Admitted To Bail From California Penal Code >> Title 10. >> Part 2. >> Chapter 1. >> Article 1.
1270
. (a) Any person who has been arrested for, or charged with, an
offense other than a capital offense may be released on his or her
own recognizance by a court or magistrate who could release a
defendant from custody upon the defendant giving bail, including a
defendant arrested upon an out-of-county warrant. A defendant who is
in custody and is arraigned on a complaint alleging an offense which
is a misdemeanor, and a defendant who appears before a court or
magistrate upon an out-of-county warrant arising out of a case
involving only misdemeanors, shall be entitled to an own recognizance
release unless the court makes a finding on the record, in
accordance with Section 1275, that an own recognizance release will
compromise public safety or will not reasonably assure the appearance
of the defendant as required. Public safety shall be the primary
consideration. If the court makes one of those findings, the court
shall then set bail and specify the conditions, if any, whereunder
the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any
person who is released pursuant to this section.