Rule 4.105. Appearance without deposit of bail in infraction cases

(a) Application This rule applies to any infraction for which the defendant has received a written notice to appear.

(b) Appearance without deposit of bail Except as provided in (c), courts must allow a defendant to appear for arraignment and trial without deposit of bail.

(c) Deposit of bail

(1) Courts must require the deposit of bail when the defendant elects a statutory procedure that requires the deposit of bail.

(2) Courts may require the deposit of bail when the defendant does not sign a written promise to appear as required by the court.

(3) Courts may require a deposit of bail before trial if the court determines that the defendant is unlikely to appear as ordered without a deposit of bail and the court expressly states the reasons for the finding.

(4) In determining the amount of bail set under (2) and (3), courts must consider the totality of the circumstances.

(d) Notice Courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for infractions, including any website information, written instructions, courtesy notices, and forms.

(e) Local Website Information The website for each trial court must include a link to the traffic self-help information posted at:http://www.courts.ca.gov/selfhelp-traffic.htm.

Committee Notes

(Subd (a) amended effective December 1, 2015.)

(Subd (c) amended effective January 1, 2017; previously amended effective December 1, 2015.)

(Subd (d) amended effective December 1, 2015.)

(Subd (e) adopted effective January 1, 2017.)