October 19, 2026
The San Mateo County bail schedule is the list of standard bail amounts that the Superior Court adopts for each offense. Jail staff use it to set bail when a person is arrested before seeing a judge. The current felony schedule took effect on August 3, 2026 and the misdemeanor schedule took effect on July 27, 2026. The scheduled amount is a starting point. After the first court appearance a judge can set a different amount by weighing public safety, the seriousness of the charge, the person’s record and the likelihood of returning to court. Under the California Supreme Court’s April 30, 2026 decision in In re Kowalczyk, bail generally cannot be set at an amount the person objectively cannot meet.
A person arrested in San Mateo County usually faces a bail amount before anyone has talked to a judge. That number comes from the schedule. Families often search for it in the first hours after an arrest.
This guide explains what the schedule is and how to read it. It also covers how a judge can change the number and what happens when someone cannot afford it. It is general information and not advice for a specific case. For a broader overview of the process see Defend CA’s guide to how bail works in California.
The bail schedule is a countywide list of set bail amounts that the San Mateo County Superior Court uses under the California Constitution and Penal Code 1269b. State law requires the superior court judges in each county to adopt and revise a uniform schedule every year for bailable felonies and for misdemeanors and infractions. Each county adopts its own so amounts differ from county to county.
San Mateo County publishes the schedule as a PDF on the court’s website. The felony schedule is effective August 3, 2026 and the misdemeanor schedule is effective July 27, 2026. Each table has three columns: the statute, a description of the offense and the bail amount.
A few entries use a notation in place of a number:
Other rules in the introduction to the schedule affect the final number:
The court’s page also lists a separate Uniform Bail and Penalty Schedule for 2026. This article covers the felony and misdemeanor schedule only.
Bail varies widely by charge. The table shows sample entries as printed in the court’s schedule for 2026. It is not a prediction of what any one person will face and amounts should be checked against the current PDF.
| Offense | Statute | Level | Scheduled bail |
| Domestic violence | PC 273.5(a) | Felony | $25,000 |
| Assault with a deadly weapon or force likely to cause great bodily injury | PC 245(a)(1) | Felony | $25,000 |
| Burglary, first degree | PC 460(a) | Felony | $50,000 |
| Burglary, second degree | PC 460(b) | Felony | $10,000 |
| Grand theft over $950 | PC 487 | Felony | $10,000 or the loss amount if higher |
| Petty theft with two priors | PC 666.1 | Felony | Judicial Review |
| DUI causing injury | VC 23153 | Felony | $50,000 |
| Possession for sale of a controlled substance | HS 11351 and others | Felony | $25,000 |
| DUI | VC 23152 | Misdemeanor | $5,000 |
| Domestic violence | PC 273.5 | Misdemeanor | $10,000 |
| Petty theft with a prior | PC 666 | Misdemeanor | $2,500 |
| Possession of a controlled substance | HS 11350 and 11377 | Misdemeanor | $1,000 |
Bail is set in two stages. At booking jail staff apply the schedule. After the first court appearance a judge can set the amount and the judge’s amount controls.
At booking. For a felony arrest bail follows the schedule unless an arrest warrant sets the amount. For a misdemeanor the starting point is different. Under Penal Code 853.6 a person arrested for a misdemeanor is generally released on a written promise to appear unless an exception applies. The schedule comes into play for those exceptions. Examples in the statute include intoxication that makes the person a danger to themselves or others and an outstanding arrest warrant. The list also includes a theft from a store within the previous six months and probable cause of organized retail theft.
In court. After a person appears before a judge the amount the judge fixes at that appearance applies. In setting, reducing or denying bail the judge weighs the factors in Penal Code 1275:
Serious and violent felonies. A judge cannot set bail above or below the schedule for these charges without a hearing in open court on two days’ written notice. The same notice rule applies to certain other charges listed in Penal Code 1270.1 including felony domestic violence and stalking. To go below the schedule on a serious or violent felony the judge must also find unusual circumstances and state the facts on the record under Penal Code 1275.
Yes. California courts must consider what a person can pay and whether non-money conditions could do the job. The California Supreme Court held in In re Humphrey (2021) that a court may impose money bail only after considering the person’s ability to pay and whether other conditions of release could protect the public and secure court appearances. The court also held that bail set at a level that results in detention requires clear and convincing evidence that no other conditions would work.
In re Kowalczyk (April 30, 2026) went further. The court held that bail may be denied in non-capital cases only in the circumstances listed in Article I section 12 of the California Constitution and only after the court makes the required findings. It also held that bail cannot be set at an amount the person objectively cannot meet. Courts must consider the person’s finances but the amount does not have to be easy to afford. A person who claims inability to pay needs reliable evidence and not just a statement.
The posted schedule itself does not discuss ability to pay. The schedule gives the starting number and the questions about affordability and alternatives are raised with the judge.
Arrests under Penal Code 666.1 and Health and Safety Code 11395 require judicial review before release. The schedule states that the person cannot be released until a court makes an individualized determination of the risk to public safety and the likelihood of returning to court.
Both statutes came from Proposition 36. Penal Code 666.1 covers repeat petty theft and shoplifting and DefendCA explains it in its guide to Prop 36 felony theft in California. Health and Safety Code 11395 covers repeat hard drug possession and has its own guide on the Prop 36 drug possession felony and treatment option.
Bail can be posted in cash or by a surety bond in the amount fixed by the warrant or schedule or court order. Penal Code 1269b lets the jail officer in charge and the superior court clerk accept it. Ask the jail or the clerk how they take payment.
A surety bond usually runs through a bail agent. The California Department of Insurance has described the fee as usually about 10 percent of the bail amount and has said agents must charge the rates their surety company files with the department. The fee is generally not refunded. Ask the agent about any collateral and about what the contract requires.
Release does not always require money. A judge can release a person on their own recognizance (a promise to return) or with conditions.
Sometimes. A defense lawyer can ask the court to set or change bail at a hearing. The judge looks at the Penal Code 1275 factors along with ability to pay and any non-money conditions that could address the court’s concerns. For serious or violent felonies the notice and findings described above apply. Nothing is guaranteed and outcomes depend on the charge and the person’s record and the information put in front of the judge.
Useful information to gather includes proof of income and expenses along with housing, work and family ties in the area. First appearances in San Mateo County are heard at the Superior Court’s Southern Branch in Redwood City or the Northern Branch in South San Francisco. Defend CA’s guide to the criminal court process in San Mateo County explains what happens at each stage.
Thomas Greenberg is a former San Mateo County Deputy Public Defender and now practices privately in Redwood City. A lawyer who knows the local court can explain how the schedule applies to a specific charge and what to prepare for a bail hearing. Defend CA’s bail defense page describes the firm’s work in this area.
The San Mateo County bail schedule gives the starting number but a judge decides the amount that applies once a person appears in court. Ability to pay and alternatives to money bail are part of that decision.
If you or a family member has been arrested Thomas Greenberg can review the charge and the scheduled amount and explain the options for a bail hearing. Call (650) 242-0021 or contact the firm to ask about a free consultation. No result can be promised and every case is different.
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