California Bail and Bail Bonds
"Bail" refers to the money that you must post with the court in order to be released from custody. It is a way of ensuring the court that you will attend your future court appearances.
Bail is typically set according to the court’s local bail schedule. A bail schedule lists a suggested amount of bail for all California misdemeanors and felonies. The judge ultimately sets your bail and may deviate from the schedule, depending on
- your criminal history,
- your flight risk, and
- the facts of your specific case.
In many instances, the judge will release you on your own recognizance (commonly referred to as an O.R. release). If the judge releases you "O.R.", you don’t post bail…you simply promise that you will attend your court appearances.
Under certain circumstances, and in connection with certain crimes, the judge will deny you the right to post bail.
Most of the time, bail is required. There are two common ways to post bail: 1) by using cash, or 2) by securing a bail bond.
- Cash bail
In order to be released on a cash bail, you must deposit the full amount with the clerk of the court or with the arresting agency. If you attend all of your court appearances, you will receive a full refund 60-90 days following the resolution of your case. If you fail to appear (also known as an "FTA"), you forfeit your money to the court.
Since most people don’t have the means to post cash bail, bail bonds are more frequently used.
- Bail bonds
A bail bond is a contract that you enter into with a bail agent or bondsman. In exchange for posting your total bail, you will pay the bondsman a nonrefundable10% fee. If, for example, your total bail is $10,000, you will pay the bondsman $1,000.
Typically, a bail agent will additionally require "collateral", which may include your home, car, or some other type of valuable property. If you fail to appear in court, the bondsman is entitled to keep or sell your collateral.
A bail bond is good for one year -- if your case extends beyond that, the bondsman may require an additional premium to secure your bond.
Once your case is resolved (or you are incarcerated), the court will exonerate your bond and your bondsman will return your collateral.
If you have additional questions about bail or the California bail process, we invite you to contact us. We have local criminal law offices conveniently located in San Diego, Orange County, San Bernardino, Los Angeles, Ventura, the San Francisco Bay area, and several surrounding cities.
