How To Get a Bail in California? A Guide

August 27, 2025

Overview 

When facing criminal charges in California, one of the first steps many people encounter is the process of securing bail. Bail allows individuals who have been arrested to temporarily be released from custody while awaiting trial. This process is crucial because it provides an opportunity for the defendant to prepare their case, maintain their daily life, and avoid the negative impacts of being in jail while the legal process unfolds. 

Understanding how bail works in California is essential for anyone involved in a criminal case. In this guide, we’ll walk you through the key aspects of the bail process in California, including how bail is set, different types of bail, the factors that affect bail amounts, and how you can post bail. Whether you are navigating the bail process for yourself or helping a loved one, this guide will provide the insights you need. 

What is Bail and How Does it Work in California? 

In simple terms, bail is money or property that a defendant or their representative offers to the court to ensure that the defendant will appear at all required court hearings. If the defendant shows up as scheduled, the bail is returned after the case is resolved. If the defendant fails to appear, the court keeps the bail and may issue an arrest warrant. 

How does bail work in California? The bail process typically begins after an individual is arrested and booked into jail. Bail is then set based on a variety of factors. The amount can vary widely depending on the severity of the charges, the defendant’s criminal history, flight risk, and the likelihood of committing another offense while out on bail. 

How is Bail Determined in California? 

Bail amounts in California are determined based on several factors, but the main tool used is the California Bail Schedule. This schedule provides the standard bail amounts for various criminal offenses. However, judges have discretion to adjust these amounts based on specific circumstances surrounding each case. 

Factors That Affect Bail Amounts 

• Type of Crime: More serious crimes like violent felonies (e.g., murder or armed robbery) tend to result in higher bail amounts, whereas lesser offenses (e.g., misdemeanors) may have a lower bail set. 

• Criminal History: Defendants with a history of failing to appear in court or a significant criminal record may face higher bail amounts. If the defendant has been arrested multiple times or has pending charges, the judge may see them as a flight risk. 

• Risk to Public Safety: If the defendant is considered a danger to the community (e.g., they’ve been charged with assault, domestic violence, or other violent crimes), bail may be denied or set extremely high. 

• Likelihood of Fleeing: If there’s a concern that the defendant may flee the jurisdiction, bail may be denied altogether, or the amount will be set higher. Defendants who are not residents of California or who have significant ties to other countries may be viewed as higher flight risks. 

• Ties to the Community: A defendant’s ties to the local community, such as employment, family, and property ownership, can influence the court’s decision. The more rooted the person is in the community, the less likely they are to flee. 

• Public and Victim Concerns: The nature of the alleged crime, particularly if it involves a high level of public concern or victims, can impact bail decisions. For instance, cases involving hate crimes or large-scale fraud might result in higher bail. 

Types of Bail in California 

There are several ways a defendant can secure bail in California. Each method is designed to ensure that the defendant will show up for future court hearings. 

1. Cash Bail

Cash bail is the most straightforward type of bail. The defendant or someone on their behalf must pay the full bail amount in cash to the court. Once the case is resolved, the cash is refunded, minus any court fees or fines. However, if the defendant fails to appear in court, the cash bail is forfeited. 

2. Bail Bond (Surety Bond)

A bail bond is a popular option for individuals who cannot afford to pay the full bail amount. A bail bondsman, a licensed professional, posts bail on behalf of the defendant for a fee, typically around 10% of the total bail amount. This fee is non-refundable, even if the defendant shows up to court. If the defendant fails to appear in court, the bail bond company is responsible for paying the full bail amount, and they may take steps to locate and return the defendant to custody. 

3. Property Bond

In some cases, defendants can use property as collateral to secure their release. This property could be real estate or other valuable assets. If the defendant fails to appear in court, the property may be seized and sold to pay the bail amount. This option is less common, as it requires the defendant to own property of significant value. 

4. Release on Own Recognizance (OR)

In certain cases, the judge may allow a defendant to be released on their own recognizance (OR) without having to post bail. This typically happens if the defendant is not considered a flight risk and is trusted to appear at future court hearings. Factors such as the severity of the charges, the defendant’s criminal history, and ties to the community are considered when granting OR release. 

5. Citation Release

For minor offenses, some defendants may be released from custody simply by signing a citation (similar to a ticket). This release option is typically reserved for defendants who have been arrested for less serious crimes and who do not pose a flight risk. 

How to Post Bail in California 

Posting bail in California can be done through a variety of means, depending on the type of bail chosen. Here’s an overview of the steps involved: 

• Contact a Bail Bondsman (If Applicable): If you are using a bail bond, the first step is to contact a bail bond company. They will walk you through the process and explain how much you’ll need to pay, typically 10% of the total bail amount. 

• Paying Cash Bail: If you choose to pay cash bail, you will need to go to the court or jail where the defendant is being held. The payment must be made in full, and the court will hold the cash in escrow until the case is resolved. 

• Provide Property for a Property Bond: If using property as collateral, you’ll need to provide proof of ownership and the value of the property. A licensed professional will evaluate the property, and the court will determine if it is sufficient to cover the bail amount. 

• Release on OR: If eligible for OR release, the defendant may be required to sign paperwork acknowledging their promise to appear in court. This process typically involves no money changing hands. 

• Obtain a Bail Receipt: After posting bail, you will receive a receipt. Be sure to keep this receipt safe, as it may be required for future court appearances. 

What Happens If the Defendant Fails to Appear? 

If the defendant fails to appear in court as scheduled, there are serious consequences. The court will issue a bench warrant for the individual’s arrest. If a bail bond was used, the bail bond company may seek the help of a bounty hunter to locate and return the defendant to custody. Additionally, the court will keep the bail amount, and the defendant may face additional charges or penalties, including the forfeiture of any property used as collateral. 

Common Myths About Bail in California 

Myth #1: Bail is Always Set High for Serious Crimes 

While serious crimes often have higher bail amounts, it’s not always the case. Some defendants may be eligible for reduced bail or release on their own recognizance (OR), depending on their circumstances. 

Myth #2: Bail Bondsmen Are Only for People Who Can’t Afford Bail 

Bail bondsmen are a helpful option for anyone who needs assistance posting bail. Even individuals with the financial means to pay cash bail may prefer using a bondsman to avoid tying up large sums of money. 

Myth #3: Bail is Always Refundable 

Cash bail is refundable, but only if the defendant fulfills all court appearances. Bail bond fees are non-refundable, as they are considered a service fee for securing the defendant’s release. 

Conclusion 

Getting bail in California involves several steps, including understanding how bail amounts are determined, the different types of bail available, and how to post bail. Whether you are seeking a bail bond, posting cash bail, or securing release on your own recognizance, it’s important to navigate this process with the right knowledge. 

If you or a loved one is facing criminal charges in California and needs assistance with bail, it’s crucial to consult with a legal expert. A skilled criminal defense attorney can help guide you through the complexities of the bail process and ensure your rights are protected throughout. 

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How does bail work in California

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