Bail for a stalking arrest in California is set by the county where the case is filed, and it is often higher than for many other non-violent charges. A stalking charge under Penal Code 646.9 can also trigger a court hearing before release, so the process can take longer than families expect. If you are trying to get someone out, the practical steps are the same: find the county bail amount, learn whether a judge must review it first, and line up a licensed agent who can start the paperwork the moment release is possible.
This guide explains how bail is set for stalking in California, what the hearing requirement means, which release conditions to expect, and what to have ready when you call.
TL;DR
- Each California county adopts its own bail schedule, so the stalking amount depends on where the arrest happened. Alameda County's 2024 schedule, for example, lists $100,000 for stalking under 646.9(a).
- Stalking is on the list of offenses where a judge may have to hold an open-court hearing before release on a different amount or on your own recognizance.
- A bail bond typically costs a nonrefundable 10% of the bail amount, and a licensed agent can begin the process around the clock.
- Expect no-contact conditions with the alleged victim. Violating them can lead to jail, new charges and higher bail.
- If bail is not posted, the person is held until arraignment, usually within about 48 hours and sometimes up to five days.
Table of Contents
- How bail is set after a stalking arrest
- What stalking bail looks like on a county schedule
- The hearing that can come before release
- What a stalking charge means: misdemeanor or felony
- Your release options after a stalking arrest
- If bail cannot be posted right away
- No-contact and protective orders
- Our perspective on stalking bail
- What to have ready when you call
- After release: keep the court date
- Get help with a stalking bail bond
- FAQ
- Sources
How bail is set after a stalking arrest
California does not use one statewide bail number. Judges in each county must adopt and annually revise a uniform bail schedule for felony and misdemeanor offenses. Its purpose is to fix an amount on which a person arrested without a warrant can be released before seeing a judge. The California Department of Insurance says the schedules are regulated by individual counties and that you should contact the court where the case is filed for local bail information.
What that means in practice depends on how the arrest happened. One county court explains the sequence this way: before the first court appearance, bail is the amount fixed in the arrest warrant. If there is no warrant, the sheriff sets bail under the uniform schedule. At the first appearance, the judge or magistrate sets bail at that time.
So there are three possible numbers in a stalking case:
- The warrant amount, if police were already looking for the person.
- The schedule amount, if the arrest happened without a warrant.
- The judge's amount, set or changed at the first appearance.
When a judge decides whether to set, reduce or deny bail, public safety is the primary consideration, along with the seriousness of the charge, the person's previous record and the likelihood they will appear in court. Stalking involves a named person who says they fear for their safety, so the public-safety factor tends to carry real weight.
Why the same charge costs different amounts in different counties
The same type of charge can carry different presumptive amounts from county to county, and judges can deviate from the schedule based on the facts. That is why a number you saw online for one county may not match the jail's number in another. The only reliable figure is the one the jail or court gives you for the specific booking. If you are not sure which county holds your loved one, our guide on out-of-county bail in California explains how the process works when the arrest and your location do not match.
What stalking bail looks like on a county schedule
Alameda County's published schedule gives a clear picture of how seriously stalking is treated. Its 2024 schedule lists stalking under Penal Code 646.9(a) at $100,000, and stalking in violation of a restraining order under 646.9(b) at $150,000. Both entries carry asterisk notes, which signal the special hearing rules covered below.
| Charge | Penal Code | Alameda County 2024 schedule |
|---|---|---|
| Stalking | 646.9(a) | $100,000 |
| Stalking in violation of a restraining order | 646.9(b) | $150,000 |
Those numbers are one county's published figures from one year, not a promise about any other county or the current year. Counties revise their schedules, so confirm the current amount with the jail or the court clerk. Our team can also look up the booking for you through our free inmate search.
If the bail is $100,000 and you use a bond, the typical premium is 10%. The ACLU's guide for families notes that a bond usually carries a nonrefundable fee of 10% of the bail amount and is a legally binding contract. That is the number to compare with the alternative of paying the full bail to the court yourself, which ties up the entire amount until the case ends.
The hearing that can come before release
Stalking is one of the offenses that can add a step. Penal Code 1270.1 requires an open-court hearing before release on a varying bail amount (above or below the schedule) or on own recognizance for certain offenses, including violations of section 646.9.
At that hearing the court considers:
- past court appearances,
- the maximum sentence that could be imposed,
- the danger to other people if the person is released.
For own-recognizance release, the court also looks at threats made and past acts of violence, and it may consider ties to the community and the person's ability to post a bond.
The practical effect: you may not be able to simply pay the schedule amount and go home if a judge has not yet reviewed the case. Timing depends on court calendars, not on how quickly you gather the money. This is where having a bail agent who already understands the process helps, because they can tell you what documents the court and jail will want and be ready to post as soon as the amount is confirmed.
Families often want to understand how a judge weighs risk in a case like this. A domestic violence defense lawyer can explain how courts approach release decisions in cases involving alleged victims. In California, you should speak with a California-licensed criminal defense attorney about your loved one's specific hearing. We work with attorneys regularly, and that coordination can help the release go smoothly.
What a stalking charge means: misdemeanor or felony
Under Penal Code 646.9(a), stalking is willfully, maliciously and repeatedly following or harassing another person and making a credible threat intended to place that person, or their immediate family, in reasonable fear for their safety. The statute provides punishment of up to one year in county jail, a fine of up to $1,000, or both, or imprisonment in state prison. That range is why stalking is described as a wobbler: prosecutors can file it as a misdemeanor or a felony.
The same statute adds that violating a qualifying court order under 646.9(b) carries a state prison term of two, three or four years. For a felony conviction, the court may order sex-offender registration and must consider a restraining order against any contact with the victim lasting up to 10 years.
This matters for bail for two reasons. First, the potential sentence feeds into the schedule amount and into what a judge considers at the hearing. Second, how prosecutors file the case can change after the arrest, which can change the bail conversation. Whatever the filing, the bond works the same way. For related situations, see our articles on bail for multiple charges and sex crime bail in California, since some stalking cases come with additional counts.
Your release options after a stalking arrest
After a booking, a person may be released if bail is posted, or at arraignment on own recognizance. If neither happens, they stay in custody until arraignment. According to the ACLU of San Diego & Imperial Counties, bail can be paid in full directly to the court or jail, or through a bail bond.
General guidance from FindLaw lists the common methods nationwide: cash or check, property, a bond for the full bail amount, or own recognizance. A bond is a promise that if the defendant does not appear, the bond company pays the full bail to the court.
Here is how the main routes compare for a stalking case:
| Route | What you pay | Main consideration |
|---|---|---|
| Full bail to the court | The entire bail amount | Large sum tied up until the case ends |
| Bail bond | Typically a nonrefundable 10% premium | Lower upfront cost; you sign a binding contract |
| Own recognizance | No bail | A judge must approve, and a hearing may be required for stalking |
For a $100,000 schedule amount, the difference between paying the full figure and a typical 10% premium is large, which is why most families choose a bond. Our payment plans carry no interest, so families can spread the premium rather than finding it all at once.
If bail cannot be posted right away
When bail is not posted after booking, the person is detained until arraignment, which the ACLU describes as about 48 hours and sometimes up to five days. At arraignment, the district attorney decides whether to file charges, the defendant enters a plea, bail is decided and a court date is set. The judge may lower, raise or keep bail, and may release the defendant without financial conditions.
If the judge considers own recognizance, they look at the likelihood the person will return, their ties to the community and whether they are a threat to public safety. For stalking, that last factor is the one families should prepare for.
Two practical points follow:
- Do not wait for arraignment to start. Knowing the booking number and the schedule amount lets an agent act the minute release is possible.
- If the bail changes at arraignment, the bond may need to be adjusted. Call your agent right after the hearing.
Our article on booking vs. arraignment and the 48-hour rule walks through that timeline step by step.
No-contact and protective orders
Release on a stalking charge almost always comes with a rule: stay away from the person who made the complaint. California court self-help materials explain that personal conduct orders can tell a restrained person to stop contacting, calling or sending messages, as well as stalking, threatening or harassing the protected person. A person who violates the order may go to jail or pay fines.
At sentencing, the court must consider a no-contact order that can run up to 10 years, based on the seriousness of the facts, the likelihood of future violations and the safety of the victim and immediate family.
What this means for the person being released and their family:
- No texts, calls, social media messages or messages through friends. Even a message meant to apologize can count as contact.
- Stay away from the protected person's home, workplace and school if the order says so.
- Read the order itself. The wording of the order controls, not what someone remembers from the courtroom.
- Tell family members. Relatives who contact the alleged victim on the defendant's behalf can create new problems.
A violation can lead to a new arrest and a higher bail amount, as the 646.9(b) line on the Alameda schedule shows. We cover that situation in detail in bail after a restraining order violation.
Our perspective on stalking bail
Stalking cases are stressful in a particular way. The family is often hearing about the allegation for the first time, the bail number is large, and a hearing may stand between you and the release you expected. In our experience, the biggest mistake is waiting until everything is clear before making the first call.
We answer every call personally, around the clock, and we never route you through a call center. That matters when the booking happened at 2 a.m. and the court calendar opens in the morning. We can explain the bail amount, the likely steps and what documents we need, in English or Spanish, so you are not guessing.
We also believe pricing should be plain. We tell you what the premium is before you sign, there are no hidden fees, and our payment plans carry no interest. If a Penal Code 1275 hold applies, we guide you through it. If there is an attorney involved, we work with them so the paperwork and the court timeline stay in step.
The goal is simple: get your loved one home as quickly as the court allows, and make sure your family understands the conditions that come with release, so nothing goes wrong afterward.
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What to have ready when you call
The faster you can give a bail agent the right details, the faster the process can start. Have these on hand:
- the full legal name and date of birth of the person arrested,
- the jail and, if you have it, the booking number,
- the charge and bail amount,
- your own ID, phone number and employment details as the person signing,
- the names of any attorney already involved.
Our checklist on information needed for bail covers each item. If the jail is in San Bernardino County, see our overview of the San Bernardino bail process within 48 hours. For a broader view of who sets bail after any arrest, read who sets bail in California.
After release: keep the court date
A bond only works if the defendant shows up to every hearing. Missing a date can lead to a bench warrant and put the bond at risk. Write down every date, confirm them with the attorney, and keep the order's conditions in a visible place. Our guide to avoiding a bench warrant after bail lists the steps to take after release.
Get help with a stalking bail bond
If someone you love has been arrested on a stalking charge, we can help you understand the amount and start the process at any hour. Abaasy Bail Bonds provides 24/7 emergency bail, bail and surety bonds for misdemeanor and felony charges, no-interest payment plans, free inmate and warrant searches, 1275 hold consultations and Spanish-language support across California. We also work with attorneys.
Call us any time or start at Abaasy Bail Bonds to look up the booking and talk through your options.
FAQ
How much is bail for stalking in California?
It depends on the county and on whether a judge changes the amount. Alameda County's 2024 schedule lists $100,000 for stalking under 646.9(a) and $150,000 for stalking in violation of a restraining order. Ask the jail or the court clerk for the current figure in the county that holds the person.
Can a person arrested for stalking get out on their own recognizance?
Possibly, but stalking is among the offenses where Penal Code 1270.1 calls for an open-court hearing first. The judge weighs past court appearances, the possible sentence and danger to others, along with community ties. A defense attorney can tell you what to expect at that hearing.
How much does a bail bond cost for a stalking charge?
A bond typically costs a nonrefundable 10% of the bail amount. We tell you the premium up front, with no hidden fees, and we offer no-interest payment plans. Call us for the exact figure on your case.
How long will my loved one stay in jail if bail is not posted?
If bail is not posted, the person is held until arraignment, which is about 48 hours and sometimes up to five days. At arraignment the judge can keep, lower or raise bail, or release the person without financial conditions.
What happens if the person contacts the alleged victim after release?
If a no-contact or restraining order is in place, violating it can mean jail or fines. It can also lead to new charges, such as stalking in violation of a court order, which carries a higher bail amount on county schedules.
Sources
- Solano County Bail Schedule 2026
- California Department of Insurance, Bail Bonds
- Solano Superior Court, Bail Information
- Alameda County 2024 Misdemeanor and Felony Bail Schedule
- California Penal Code 1270.1
- California Penal Code 646.9
- ACLU of San Diego & Imperial Counties, My Loved One Was Arrested
- FindLaw, Getting Out of Jail after You Have Been Arrested
- Riverside Superior Court, Restraining Orders
- Summit Defense, County-by-County Bail Schedule
- Domestic Violence Defense Lawyer