Another day, another update in the Mayhem Miller nekkid church break-in story. According to Ariel Helwani, Jason wasn’t visibly intoxicated when arrested and went with the officers peacefully. And now he’s outta jail:

Bail was set at $20,000. By posting bail Miller avoided being formally charged in the case at this time. But the matter remains open.

“Generally, and (Miller’s) case hasn’t come to us yet, if the defendant is arrested and they remain in custody, they are generally, or they need to be, arraigned in a couple of days of their arrest, if they remain in custody,” Orange County District Attorney spokesperson Farrah Emami told

“If they post bail and they are released, then that gives the police department additional time to continue their investigation. When (the defendant) posts bail they are given a date to appear (in Orange County Superior Court).

“Generally, before that date, the case will be presented to the district attorney’s office and then we will review it to determine if criminal charges are appropriate. At this point, the case has not been submitted to our office.”

In other words, this is where prosecutors get to decide if they’re going to stick with that burglary thing or break it down into a more specific (and accurate) collection of crimes. Breaking into a church, that’s a crime. Destroying church property is a crime too. I’m sure subjecting the arresting cops to pasty white Mayhem dong can be construed as a crime too. All in all it depends on the amount of damage done and if OC prosecutors decide to throw the book at him. Most of the TMZ pictures only show the fire extinguisher mess, but when it comes to churches you’re only ever one smashed stained glass window away from a pretty serious property damage charge. And you never know what kinda priceless relics might be hanging around – who knows if he destroyed some sacred mummified cardinal dick or something?