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The short answer is yes, there is bail in California. But how does it work? 

That’s the topic of this post. Here, you will learn the basics and how to navigate CA bail laws before discovering various bail options. At the end, we answer some common bail-related questions. 

Bail in California: Understanding the Basics

So, how does bail work in California? 

The bail process begins with arrest. Law enforcement takes you into custody and submits your case details to a judge. Soon after, courts post a bail amount, telling you what to pay to secure your release. 

How much you must pay depends on the severity of the crime you allegedly committed. California law says judges must get this amount from a bail schedule, a document listing fixed bail fees for various charges and circumstances. 

Courts will usually post bail within 24 hours of your arrest. However, the process may take longer over weekends or on public holidays. 

Once you know your bail, you can pay it or remain in jail until your trial. Most defendants choose the former to avoid spending weeks or months behind bars. 

After paying bail, presiding officers will release you. At this point, you are free to go home or return to work. However, you must appear at all scheduled court dates and obey other bail conditions. If you don’t, you will forfeit all bail money under Penal Code 1305 PC. 

Courts will release your bail after you complete your trial. You can use this money as you see fit. 

Paying Bail

Paying bail with cash directly is challenging. For example, arresting officers may confiscate your wallet, phone, and other personal items, preventing you from accessing your bank accounts. Police may also deny you the use of your funds if they suspect you acquired them illegally. 

For this reason, many California defendants use bail bondsmen. These agencies pay the bail amount in exchange for a non-refundable fee. For instance, they might charge $2,000 for a $20,000 bail. 

Bondsmen must follow the same bail rules as defendants. Failing to show up at court means they will not get their money back upon your trial’s completion. 

For this reason, agencies employ various methods, including bounty hunters, to ensure you attend court on the prescribed dates. Bondsmen may work with law enforcement officials to ensure you are in court when demanded. 

You still have options if you can’t afford to pay a flat fee to a bail bond agency. Many offer finance services where you spread the fee’s cost over several months. This approach enables you to return to work and remain productive until your trial. 

Another option is to pay a property bond using any real estate you own to cover the bail amount. This approach eliminates the need to find cash, but it takes time. Courts require a professional appraisal of your property’s value before releasing you, which can take several weeks to organize. 

Navigating the Bail System in CA

This section discusses navigating bail laws in California. 

Bail Conditions

The California bail system can be challenging to navigate. That’s because judges can attach various conditions to your bail in addition to attending court. 

For example, you may have to: 

  • Undergo drug and alcohol testing before your trial
  • Attend AA meeting
  • Surrender any weapons you own to law enforcement
  • Obey a stay-away order from a specific area or business
  • Receive mental health treatment
  • Fit an ignition interlock device to your vehicle
  • Remain in your home until the trial date
  • Undergo electronic monitoring 

Judges impose these restrictions if they believe you are a flight risk or the likelihood of reoffending before your trial is high. Breaches will forfeit your bail and see you dragged back to jail. Some judges will then set a higher bail amount for re-release or refuse your application outright. 

Bail Schedules

As discussed, California judges must follow a bail schedule. This document sets fixed bail amounts for different crimes. 

Unfortunately, the schedule is complicated and varies between counties based on local crime rates and policies. It also changes based on your characteristics. For instance, judges will set bail amounts higher if: 

  • You already have a criminal record
  • You are at risk of fleeing the county or state
  • The severity of your crimes

However, the law prevents judges from jailing you if you can’t afford bail. Hence, you may not have to pay any bail in some situations, which we discuss in the next section. 

Exploring Bail Options in California

Historically, every person charged with a crime in California had to pay bail, except those denied it. However, changing laws mean new options are now available, 

Here’s a brief run-down of the available options: 

  • Held on bail. This option is what we discussed above. Law enforcement holds you in custody until you pay the requested bail fee. 
  • Held without bail. This option means you can’t secure your release by paying bail. This extreme case occurs when law enforcement believes you are an imminent threat to public safety. Judges may decide it is too risky to release you. However, officials may review your case if favorable new information comes to light and agree to bail. 
  • Own recognizance. Finally, judges may offer “own recognizance” or OR. Here, you don’t need to pay bail at all. “Own recognizance” means you will take responsibility to show up at court. 

OR is the default in Los Angeles County. However, judges will still demand bail if the offense is serious or they believe you are a flight risk. 

CA Bail: Your Questions Answered

What happens to bail money when the case is over? 

When the case is over, the court will release your bail minus any fines or penalties the court orders you to pay. You will get your bail money back if the jury finds you not guilty or guilty. However, you won’t receive it all if fines or penalties are part of your sentence. 

You may also receive your money back if: 

  • The judge declares you are incompetent to stand trial. (Usually, this verdict means you have a mental illness or disability that prevents you from understanding the charges against you or absolves you of responsibility for any offense committed). 
  • The court orders you to attend a drug diversion program. (This California pretrial drug diversion program lets you complete treatment and education sessions. Following completion, the state will drop charges against you). 

What do co-signers do?

Co-signers are people you can ask to pay part of your bail if you can’t afford to pay it all. Friends and family will often chip in to provide funds to the defendant to secure their release from jail. 

When co-signers provide money, they take on the responsibility of ensuring the defendant shows up in court. If the defendant skips the trial, the co-signer will lose their money. 

As such, co-signing bail is something you should consider seriously. You need to decide whether you can trust the defendant to show up to court and any means you have to ensure they do. 

Can attorneys help in bail hearings? 

Attorneys can be helpful in bail hearings by helping make a case for OR or lower bail amounts. Lawyers can present evidence to judges that your current bail amount is excessive based on your criminal record or recommend own recognizance if charges are minor. 

In addition, attorneys can also help you secure release if you can’t afford to pay bail. Lawyers can argue that law enforcement is holding you illegally if you lack the financial resources to pay the required fee. 

What bail payment methods are acceptable in California? 

Payment methods for bail California officials accept include cards, money orders, and cashier’s checks. However, these payment methods only apply if you are under investigation for non-financial crimes. Law enforcement may forbid using funds if you are under investigation for fraud, embezzlement, tax evasion, or theft. 

You can also pay via a bail bondsman. Agencies accept practically all forms of payment, including over the phone and online. 

What happens if you miss a court date in California while on bail?

The court will issue a warrant for your arrest if you miss a court date in California. You may also forfeit your bail unless you have a valid excuse. 

The list of valid excuses for failing to appear in court is short, but includes: 

  • You or an immediate family member receiving treatment for a medical emergency in an approved facility
  • Not being notified by the court of your hearing (usually due to an administrative error)
  • Your lawyer withdrawing from the case

How long does it take to be released from custody after posting bail? 

How long it takes law enforcement to release you from custody after posting bail can vary significantly. The time required to process the paperwork can last anywhere from several hours to several days after the judge posts bail. 

To discuss bail bonds, get in touch with Future Bail Bonds today and secure your release from jail.