Statute · California Penal Code
Cal. Penal Code § 1279 — Bail Upon Being Held to Answer Before Indictment
Cal. Penal Code § 1279
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
The qualifications of bail are as follows:
Citator
Cal. Penal Code § 1279 — Bail Upon Being Held to Answer Before Indictment is in force in the current edition of the Code, and nothing recorded condemns it.
The qualifications of bail are as follows:
1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered;
2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution, except that if any of the sureties is not worth the amount specified in the undertaking, exclusive of property exempt from execution, but owns any equity in real property, a hearing must be held before the magistrate to determine the value of such equity. Witnesses may be called and examined at such hearing and if the magistrate is satisfied that the value of the equity is equal to twice the amount of the bond such surety is justified. In any case, the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail.