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January 1, 2024

What Is a Humphrey Hearing Related to Bail?

The judge reads the charges and announces bail, and a wave of fear washes over you. Bail is set at an amount you can’t possibly afford. You feel trapped, facing the prospect of jail time before your case even begins. But there’s hope. In California, you have a right to challenge excessive bail through the Humphrey Law. This hearing can be your lifeline, offering a chance to secure your release and fight your case from a position of strength.

Understanding Bail in California

Bail is a financial arrangement that seeks to ensure defendants return to court for trial while allowing them to remain free while their case is pending. Unfortunately, this leads to a system where wealth determines freedom, leaving many people incarcerated solely due to financial constraints.

The Eighth Amendment to the U.S. Constitution prohibits excessive bail, but what qualifies as “excessive” is often left to a judge’s discretion. While California law provides bail schedules—standard amounts assigned to different offenses—judges can increase or reduce bail based on the specifics of each case.

The Fourteenth Amendment also comes into play as it guarantees due process and equal protection under the law. That’s where the Humphrey law comes in.

The Humphrey Decision: A Landmark Change in California Bail Law

Before 2021, many people remained in jail while their case was pending solely because they couldn’t afford bail—even if they did not pose a threat to public safety. That changed with In re Humphrey, 11 Cal.5th 135 (2021).

This California Supreme Court ruling established that:

• Judges must consider a defendant’s ability to pay before setting bail;
• Bail cannot be used as a tool to keep someone in jail solely because they’re poor; and
• Judges must explore less restrictive alternatives, such as electronic monitoring or supervised release.

Under California Penal Code § 1275, bail must be set fairly and reasonably, balancing public safety with a defendant’s rights. If a person is not a flight risk or a danger to the community, a judge may even release them on their own recognizance (OR)—meaning no bail is required.

What Is a Humphrey Motion? How to Challenge Excessive Bail

If you or a loved one believes that bail has been set too high, your attorney can file a Humphrey motion. Such a motion is a formal request for a bail reduction hearing.

At a Humphrey hearing, the judge must reconsider bail by weighing key factors, including:

• Financial situation. Is the current bail amount realistic based on the defendant’s income and assets?
• Nature of the crime. More serious offenses may still justify higher bail or even denial of bail.
• Public safety concerns. If the defendant poses a risk to the community, stricter conditions may apply.
• Non-monetary release options. Judges must consider alternatives like GPS monitoring or supervised release.

These factors will help determine the judge’s decision. 

The Humphrey Hearing Process: Step by Step

If your bail has been set unfairly, your attorney can take the following steps:

• File a motion for bail reduction. Your lawyer submits a written request explaining that the bail amount is excessive or unaffordable.
• Provide financial evidence. To support the request for a bail reduction, your attorney can provide income statements, employment records, and affidavits to help demonstrate financial hardship.
• Propose non-economic conditions. GPS tracking, check-ins, or supervised release can be suggested as alternatives.
• Attend the court hearing. The court will set a hearing on the motion. At the hearing, the judge reviews the evidence, hears arguments, and makes a decision.
• Receive a ruling. The judge may lower bail, remove it entirely, or uphold the original amount.

If the judge denies the motion, your attorney may appeal the decision or file a writ of habeas corpus to challenge unconstitutional detention.

Can You Request a Humphrey Hearing Without a Lawyer?

Technically, you can file a motion for bail reduction in California on your own—but it’s not recommended. The process requires strong legal arguments, supporting evidence, and an understanding of court procedures. Without an attorney, you may struggle to present a compelling legal argument. A skilled lawyer can:

• Draft and file a persuasive Humphrey motion. This involves crafting a compelling legal argument supported by relevant case law, evidence highlighting why the initial bail amount is excessive or unjust, and offering a more reasonable alternative. 
• Gathering financial records and supporting evidence. Your lawyer is familiar with the evidence the judge will need to justify lowering bail. They will request and collect documents demonstrating your financial limitations.
• Advocating for a lower bail amount or alternative conditions. Presenting a strong case before the judge is critical for a successful motion. A skilled attorney will emphasize your constitutional rights and the importance of ensuring that the court does not use bail as a tool of oppression.

An experienced attorney can provide invaluable guidance and support throughout the Humphrey hearing process. They can explain the legal procedures, help you understand your rights and obligations, and offer reassurance during a stressful and uncertain time.

How Long Does It Take to Get a Humphrey Hearing?

The timeline varies based on court schedules and case complexity, but your attorney will work to expedite the process. The sooner the motion is filed, the sooner you can fight for a fair bail amount.

Why a Humphrey Hearing Matters: Key Benefits

A successful Humphrey motion can:

• Reduce or eliminate bail, allowing you to return home while awaiting trial;
• Ensure fairness, preventing low-income individuals from being jailed solely due to financial hardship; and
• Protect employment and family stability since pretrial detention can disrupt jobs and personal lives.

In some cases, a Humphrey hearing can even lead to better case outcomes, as defendants who fight their cases outside jail tend to achieve more favorable resolutions.

Will a Humphrey Hearing Guarantee That My Bail Will Be Lowered?

While a Humphrey hearing does not guarantee a lower bail amount, it ensures that the judge carefully evaluates your financial situation and non-monetary release options before deciding. The final decision depends on factors like the severity of the charges and public safety concerns.

Can a Judge Deny Bail Altogether After a Humphrey Hearing?

Yes, if the judge determines that you pose a serious flight risk or a danger to public safety, they can deny bail entirely. However, they will need to provide a clear legal justification for doing so.

Let’s Fight for a Fair Bail Decision

Picture yourself walking out of court, breathing the fresh air of freedom, and having the opportunity to build your defense from a position of strength.

At the Law Offices of Jennifer R. Solomon, we understand how devastating high bail amounts can be for individuals and families. That’s why we aggressively challenge excessive bail decisions through Humphrey motions.

Every second behind bars before trial is a moment stolen from your life. Let’s fight to change that. Contact us today for a free 15-minute consultation and take the first step toward securing a just and fair bail decision.

 

Resources:

• Cal Penal Code § 1203.25, link
• Determining Custody Status Under In Re Humphrey and Penal Code, § 1203.25. Central California Appellate Program (2024), link
• Fourteenth Amendment. U.S. Constitution, link
• Uniform Bail and Penalty Schedules. California Courts (2025), link