Being arrested is frightening. In those first few hours, confusion and anxiety can take over as you or your loved one are taken into custody. The most pressing thought is almost always the same: how do I get out of jail and back home?
In Fresno County, thousands of individuals are booked into jail each year, and the vast majority are eligible for release on bail. However, navigating the system can feel overwhelming without a clear understanding of your rights and the steps involved. This is where experience matters. For over 30 years, our team at the Law Office of Mark A. Broughton has defended clients in Fresno courts, guiding families through the complexities of the bail system every single day.
In this guide, Fresno criminal defense attorney Mark A. Broughton explains exactly how the bail process works in Fresno County in 2026. By the end, you will have a clear picture of your rights, your options, and the critical steps you can take to secure a swift release.
Bail is a set amount of money that acts as a security deposit to the court. Its primary purpose is to ensure that a defendant, once released from custody, will return for all their required court appearances. While it may feel like a punishment, bail is designed to uphold a fundamental principle of the American justice system: the presumption of innocence. It allows an individual to remain free before their trial, enabling them to continue working, care for their family, and actively participate in their own defense.
This practice is rooted in both the U.S. and California Constitutions. The Eighth Amendment to the U.S. Constitution prohibits “excessive bail,” a protection mirrored and reinforced by California’s own constitution, which aims to prevent the system from becoming unfairly punitive.
When someone is arrested in Fresno County, a specific sequence of events is set in motion. Understanding this timeline is crucial for making informed decisions quickly.
Following an arrest, the individual is transported to a local detention facility, most commonly the main Fresno County Jail on M Street. During the booking process, officials will take fingerprints, photographs (a mugshot), and conduct a background check for any outstanding warrants or prior criminal history. This process is not instant; it can take anywhere from 6 to 24 hours to complete, during which time the individual is held in a temporary holding cell.
Fresno County, like other counties in California, uses a bail schedule. This is a pre-determined list of bail amounts for most common misdemeanor and non-violent felony offenses. Once the booking process is complete and the specific charges are identified, a jail official will consult this schedule to set the initial bail amount. This allows for a person to be released quickly without needing to see a judge first.
Once the bail amount is set, you have a few options to secure release:
If you cannot afford the scheduled bail amount or if no bail was set (common for very serious charges), a bail hearing must occur. This hearing typically takes place within 48 hours of the arrest, not including weekends or holidays. At this critical stage, a judge will review the case and can decide to:
After bail is posted, the jail will process the release, which can take several hours. Release is not unconditional. The court will impose specific terms that must be followed, such as no-contact orders (common in domestic violence cases), GPS monitoring, regular drug or alcohol testing, or surrendering a passport. Violating any of these conditions can result in the bail being revoked and the defendant being returned to custody.
In recent years, California has seen significant debate over bail reform. A major attempt to eliminate cash bail, Senate Bill 10, was ultimately rejected by voters, meaning the traditional money bail system remains in place.
Today, the Fresno County Superior Court continues to primarily rely on the established bail schedule. While judges do conduct risk assessments to evaluate a defendant’s likelihood of returning to court and their potential danger to the public, money bail is still the standard method for securing pre-trial release in most cases. This makes understanding your financial options—and how to argue for a lower amount—more important than ever.
Bail amounts in Fresno are set based on the severity of the alleged crime. While these can vary, the 2026 bail schedule provides a general idea of what to expect:
The high cost of bail can feel like an insurmountable barrier. However, you are not without options.
An experienced attorney can file a motion for a bail hearing to argue for a more favorable outcome. This can include a request for Own Recognizance (OR) release. In deciding whether to grant OR, a judge will consider factors like your ties to the community (family, job, residency), your criminal history, and the severity of the current charges.
Alternatively, your attorney can file a bail reduction motion, presenting evidence and arguments to convince the judge that the scheduled amount is excessive and unnecessary to ensure your return to court. In some cases, judges may consider alternatives like pretrial services or electronic monitoring instead of a high cash bail.
Remaining in custody while your case proceeds can have devastating consequences. The Fresno County Jail is often overcrowded, creating safety and health concerns. Beyond the physical risks, waiting in jail can cause you to lose your job, create child custody complications, and prevent you from gathering evidence or meeting with your attorney effectively.
The reality is that defendants who are out of custody are often in a much better position to build a strong defense. The faster you can get out, the more control you have over your life and your legal strategy.
The moments following an arrest are critical, and the decisions you make can impact the rest of your life. An experienced Fresno criminal defense attorney can intervene immediately, often before the first court date, to protect your rights and fight for your freedom.
A defense lawyer can appear at your bail hearing, even while you are still in custody, and make compelling arguments for OR release or a significant bail reduction. They can shield you from making damaging statements to law enforcement and ensure the system treats you fairly from the very beginning. For example, Mark A. Broughton recently secured an OR release for a client who was facing serious felony charges that originally carried a bail amount of $150,000. This result allowed the client to return to their family and job while we prepared a powerful defense.
If you or a loved one is in custody in Fresno, Madera, Kings, or Tulare County, time is of the essence. You don’t have to face the bail process alone. Contact the Law Office of Mark A. Broughton now for immediate, 24/7 help and a free consultation. With over 10,000 cases handled and experience as a former Fresno County prosecutor, Mark A. Broughton provides the expert guidance you need.
Call us now at (559) 691-6220 and let us fight to get you home.
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