Police Holds, ICE Holds & “No Bail” in California: Why You Can’t Bail Out Yet
You called a bondsman, you have the money ready, you’re ready to get your loved one out — and then you hear: “There’s a hold.” It’s one of the most frustrating moments in the entire bail process, because nothing you do can make it go away faster. But understanding what kind of hold it is changes everything about your next steps.
This guide breaks down the four most common holds in California, what triggers them, and what you can (and cannot) do.
Quick clarity check: “Bail set” and “able to be bailed out” are not the same thing. A judge can set bail on the new charge while a separate hold prevents release. The bond gets posted, but the person stays in custody until the hold lifts or clears.
The four main types of holds in California
- 48-hour police investigative hold — Triggered by the arresting agency needing more time to complete booking or investigate. You generally cannot bail out until the hold lifts (usually within 48 hours, excluding weekends and holidays).
- Parole hold — Triggered when the person is on state parole and was arrested for a new charge. Generally no bail is available on the parole hold itself.
- Probation hold or probation violation — Triggered when the person is on probation and the new arrest may violate terms. Bail is sometimes available, depending on whether the court allows bail on the violation.
- ICE hold (immigration detainer) — A federal request to hold a non-citizen for immigration enforcement. Posting bail releases the person from local custody, but ICE may take custody.
1. The 48-hour police investigative hold
This is the most common and the most temporary. California law generally requires that someone arrested without a warrant be brought before a judge within 48 hours (excluding weekends and holidays). During that window, the arresting agency can place an investigative hold while they finish booking, run records, or wait on lab results.
What you can do: Get all your paperwork prepared. Confirm the bail amount once it’s set. Stay in touch with the bondsman so the moment the hold lifts, the bond can be posted. In many cases this hold ends well before 48 hours.
What you cannot do: Speed it up. No bondsman, attorney, or family member can shorten a police investigative hold from the outside.
2. Parole holds
This is one of the toughest holds to deal with. If your loved one is on state parole and gets arrested for any new offense, the California Department of Corrections and Rehabilitation can place a “parole hold” on them. Parole holds typically have no bail amount and are not posted out.
The parolee is entitled to a parole revocation hearing, and the hold remains until either (a) a hearing decides the outcome, or (b) the parole officer or supervising agent lifts it. Even if you post bail on the new charge, the parole hold keeps them in custody.
What you can do: Contact the assigned parole officer or hire an attorney experienced in parole revocation. Some bondsmen will hold off on posting the bond on the new charge until the parole hold is resolved, so you don’t pay for a bond that can’t actually release anyone.
3. Probation holds and probation violation bail
Probation is different from parole. Probation comes from the court, and the rules around bail vary by case. If your loved one is on probation and gets arrested again, a probation hold may be placed — but unlike parole, the court often does set a bail amount on the probation violation itself.
How much? It depends on the original case, the new charge, and the judge. We cover typical ranges and the mechanics in detail in our guide to bail after a probation or parole violation and our broader probation violation bail in California page.
What you can do: Have the bondsman check whether there’s bail set on both the new charge and the violation. Both have to be addressed before release.
4. ICE holds (immigration detainers)
This is one of the most stressful holds because of how unpredictable it can be. An ICE hold (officially called an immigration detainer) is a request from federal immigration authorities asking a local jail to hold a non-citizen for up to 48 additional hours after they would otherwise be released, so ICE can take custody.
California has limits on cooperation with ICE detainers under state law (the TRUST and TRUTH Acts and SB 54), and many local jurisdictions decline to honor them in most cases. But practice varies by county and by the specific charges involved. Serious or violent felonies are more likely to result in jail cooperation with ICE.
What posting bail does: A bond resolves the local custody on the criminal charge. It does not resolve the immigration matter.
What you cannot rely on: Posting bail to make an ICE hold go away. If ICE takes custody, the person is moved to federal immigration detention, and immigration bonds (handled separately and through a different system) become the next step.
What you should do: Talk to an immigration attorney as fast as possible — ideally before posting the criminal bail, so the strategy is coordinated. A bondsman cannot give immigration advice, but a good one will flag the issue and tell you not to spend money on a bond that won’t actually free your loved one.
“No bail” charges under California law
Some charges in California are listed as “no bail” — meaning a judge has not set a bail amount and the person has to wait until the next court appearance for bail to be addressed. Common reasons:
- The charge is serious enough that the bail schedule lists it as no-bail (certain violent felonies, some gun-related charges, some domestic violence cases).
- The person was arrested on a warrant where the original judge marked it no-bail.
- Under Penal Code 1270.1, certain charges require the judge to hold a hearing before any bail can be set — particularly cases involving violence or stalking.
- Probation or parole holds (as covered above).
If you see “no bail” on the booking sheet, do not assume that’s permanent. It almost always means “no bail yet.” The bail can be set or modified at arraignment, often within 48 hours.
What to do while waiting on a hold
- Confirm the type of hold, in writing if possible. Knowing whether it’s investigative, parole, probation, or ICE changes your entire plan.
- Get a defense attorney involved early, especially for parole holds, ICE holds, and no-bail charges. The bondsman cannot argue at the bail hearing — the attorney can.
- Do not pay the bond premium until the bondsman confirms it will actually result in release. A good bondsman will tell you this before you pay; some won’t.
- Stay off the jail phone with anything case-related. Calls are recorded.
- Be ready to move the moment the hold lifts. Have ID, payment, and any cosigner paperwork ready so the bond can be posted immediately.
Not sure what kind of hold is in place? We’ll find out for you. Call 800.590.7321 or message 626.862.0627.
Related guides
- How Does Bail Work in California
- Bail After a Probation or Parole Violation
- Warrant & Failure to Appear Bail in California
- California Bail Amounts by Charge
- How Long It Takes to Get Out on Bail (LA County)
If you’re in this moment right now, call us. We’ll find your person, confirm whether there’s a hold, tell you what kind it is, and tell you honestly what your options are — even if the honest answer is “wait until tomorrow.”
24-hour California bail bonds — anywhere in the state. Call 800.590.7321 or send us a message.
