CR-104 - Findings and Orders for Pretrial Release or Detention

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Findings and Orders for Pretrial Release or Detention

Text

Form ID: CR-104
Title: Findings and Orders for Pretrial Release or Detention
Effective Date: 2026-03-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-104
Primary Download URL: https://www.courts.ca.gov/documents/cr104.pdf
Form Detail Page:
Findings and Orders for Pretrial Release or Detention
(CR-104)
States a court’s findings and orders related to pretrial release or detention.
Get form CR-104
Effective: March 1, 2026
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How-to instructions for Criminal
PDF Text:
Findings and Orders for Pretrial Release or DetentionJudicial Council of California, courts.ca.gov 
Rev. March 1, 2026, Optional Form 
CR-104, Page 1 of 4
CR-104
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PEOPLE OF THE STATE OF CALIFORNIA
v.
DEFENDANT:
FINDINGS AND ORDERS FOR PRETRIAL RELEASE OR DETENTION 
FOR COURT USE ONLY
CASE NUMBER:
Date:
FOR COURT USE ONLY
Time:
Department:
The court must make oral findings and include them in the court minutes. (In re Humphrey (2021) 11 Cal.5th 135.)
1. Procedural Posture
The court is addressing pretrial release at 
arraignment on aa. misdemeanor and/or felony offense.
bail review per Penal Code section 1270.2. No changed circumstances required.b.
bail review per Penal Code section 1277. No changed circumstances required.c.
another hearing based on good cause due to change in circumstances per Penal Code section 1289.d.
2. The court has reviewed and considered the following items:
The complaint and/or information in this case.a.
The pretrial services report/risk assessment.b.
c. The People’s argument and
(2) amount of bail the defendant can afford:
(1) attachments/exhibits: 
(3) statements/proffer of witnesses or evidence:
d. The defense argument and
(1) attachments/exhibits: 
(2) amount of bail the defendant can afford:
(3) statements/proffer of witnesses or evidence:
Criminal history.e.
History of appearance.f.
Police report/probable cause declaration.g.
Proposed conditions of release:h.
i. Other:
3. Risk of Nonappearance or to Public/Victim Safety  
Does or                         have a prior history of failures to appear.does not 
Has always made prior court appearances.(a)
Has a minimal history of failing to appear.(b)
Has a significant history of (number):                          failures to appear.(c)
(1)
a. The court finds the following factors regarding flight risk:

Rev. March 1, 2026 Findings and Orders for Pretrial Release or Detention
 CR-104, Page    of 4
CR-104
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
Previously absconded from the court process for:(d)
Previously cut off GPS device.(e)
Previously attempted to avoid court process by :(f)
Has demonstrated an intention to subvert the criminal process by:(g)
(2) Has been released since                                                   and is here in court today.(date):
Has posted a bond and returned to court.(a)
Has posted bail with the court and returned to court.(b)
Has                                                      ties to the community including significant minimal :(3)
Has stated a willingness to follow any conditions deemed reasonable by the court.(4)
Previously failed to comply with court orders including:(5)
Has                                                  outstanding felony/misdemeanor warrant(s).(enter number):(6)
Was on probation/parole/postrelease community supervision/mandatory supervision at the time of the offense.(7)
Faces a potential penalty for the charged offense that is great.(8)
Has a history of untreated mental health or substance abuse issues.(9)
Other:(10)
b. The court finds the following factors regarding danger to the safety of the public or the victim:
The alleged crime                                       involve a victim.does not does
The victim sustained injuries. The injuries are serious:(a)
Defendant threatened witness(es) or victim(s) by:(b)
(1)
includingThe alleged crime                               a crime of violence is not is :
A firearm was used in the commission of the crime.(a)
A deadly weapon                                                                                      was used in the commission of the (b)
crime.
(describe):
(2)
Defendant                                            present a danger to public safety becausedoes not does :(3)
Defendant                                            have a history of violence.does notdoes(4)
Defendant’s criminal record demonstrates a history of violence.(5)
Defendant is alleged to have violated a restraining order.(6)
Defendant has a history of violating restraining orders.(7)
Defendant has a history of untreated mental health or substance abuse issues.(8)
The crime involved a large quantity of a controlled substance (describe):(9)
Mitigating factors were present :(10)
Other:(11)
4.
Based on the factors in item 3, the court 
Finding for Release or Detention 
finds that defendant does not pose a flight risk or a public safety risk, and will release the defendant on their own 
recognizance. (See item 7.)
a.
b. finds that the defendant is charged with a misdemeanor offense and the presumption for own recognizance release has 
been overcome.
finds defendant presents a                                                                           but that risk can be mitigated by nonfinancial 
conditions. (See item 5.) 
flight risk and/or a public safety risk,c.
2

Rev. March 1, 2026 Findings and Orders for Pretrial Release or Detention
 CR-104, Page    of 4
CR-104
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
finds defendant has previously bailed out or was released on their own recognizance but still presents                                
and/or                                        but that risk can be mitigated by nonfinancial conditions. (See item 5.) 
a flight risk 
a public safety risk, 
d.
finds defendant presents a                                                                           and finds by clear and convincing evidence that 
nonfinancial conditions are not sufficient to                                                                                                         and will 
impose a financial condition of                                                     , which the defendant has the ability to pay,
flight risk and/or a public safety risk,
ensure a return to court or protect the public or victims,
coupled with the following least restrictive nonfinancial conditions. (See items 5 and 6.)
e.
(amount):
finds the defendant presents a                                                                       by clear and convincing evidence and finds by 
clear and convincing evidence there are no less restrictive nonfinancial conditions or financial conditions that will ensure a 
return to court or protect the public or victim(s). (See item 8.)
flight risk and/or public safety riskf.
g. finds defendant presents a flight risk and/or public safety risk but that the parties wish to present additional evidence 
regarding 
evidence to support a denial of bail or preventively high bail.(1)
evidence of alternative available conditions.(2)
and sets provisional bail in the amount of:
evidence regarding ability to pay.
and a bail review hearing on (date):
(3)
5. Imposition of the Least Restrictive Conditions
In addition to the mandatory conditions in item 7, the defendant  
                                                                                                     least restrictive conditions necessary to ensure a return  
to court and to protect the safety of the public or victim because (explain):
a. is subject to monitoring by Pretrial Services, and
must obey the following orders that the court finds are the
The court finds that nonfinancial conditions are insufficient to protect the government’s interests. (See items 6 and 8.) b.
6. Imposition of Financial Condition of Release  
Setting financial condition alone or coupled with nonfinancial conditions: The court has considered nonfinancial conditions 
and finds that without a financial condition, they would be insufficient to ensure a return to court and/or protect the public:
Nonfinancial conditions considered by the court (if not imposed in item 5): a.
Reasons the court finds they are insufficient to protect the government’s interests: b.
The court will set economic bail in the amount of:c.
The court finds that the defendant has the ability to pay this amount based on counsel’s statements or the evidence 
presented.
d.
7.
The defendant must comply with the terms and conditions of Penal Code section 1318. The defendant is ordered to appear at all 
times and places by this court and as ordered by any court in which the charge is pending, obey all laws, immediately notify the 
court of any change of physical or mailing address, not depart the state without leave of the court, and waive extradition if the 
defendant fails to appear and is apprehended outside the state of California.  
Mandatory Conditions for Pretrial Release
8. Preventive Detention  
the safety of the public or any victim. 
The court finds that there is clear and convincing evidence that the defendant presents a flight risk and/or a danger toa.
The court has considered the following less restrictive nonfinancial and financial conditions and finds by clear and convincing 
evidence that they are insufficient to ensure a return to court and/or protect the public:
b.
(1) Conditions considered by the court: 
3

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Rev. March 1, 2026 Findings and Orders for Pretrial Release or Detention CR-104, Page 4 of 4
CR-104
PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER:
Evidence supporting the court’s findings, in addition to those listed in item 3: (2)
c. Defendant is to be held without bail pursuant to article I, section 12 of the California Constitution because the court finds 
the facts are evident or the presumption is great that the defendant committed an offense that is a
capital crime.(1)
felony involving an act of violence on another or felony sexual assault offense on another and the court finds by 
clear and convincing evidence there is substantial likelihood release will result in great bodily harm to others. 
(2)
felony and the court finds by clear and convincing evidence that the person has threatened another with great 
bodily harm and there is a substantial likelihood that the person will carry out the threat if released. 
(3)
Other, with legal authority:d.
Date:
JUDICIAL OFFICER

Retrieval chunks

• #1

  Form ID: CR-104 Title: Findings and Orders for Pretrial Release or Detention Effective Date: 2026-03-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-104 Primary Download URL: https://www.courts.ca.gov/documents/cr104.pdf Form Detail Page: Findings and Orders for Pretrial Release or D…

• #2

  Rev. March 1, 2026 Findings and Orders for Pretrial Release or Detention CR-104, Page of 4 CR-104 PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: Previously absconded from the court process for:(d) Previously cut off GPS device.(e) Previously attempted to avoid court process by :(f) Has demonstr…

• #3

  Based on the factors in item 3, the court Finding for Release or Detention finds that defendant does not pose a flight risk or a public safety risk, and will release the defendant on their own recognizance. (See item 7.) a. b. finds that the defendant is charged with a misdemeanor offense and the presumption for …

• #4

  In addition to the mandatory conditions in item 7, the defendant least restrictive conditions necessary to ensure a return to court and to protect the safety of the public or victim because (explain): a. is subject to monitoring by Pretrial Services, and must obey the following orders that the court finds are the …

• #5

  c. Defendant is to be held without bail pursuant to article I, section 12 of the California Constitution because the court finds the facts are evident or the presumption is great that the defendant committed an offense that is a capital crime.(1) felony involving an act of violence on another or felony sexual assau…