Bail guide
How bail works in California
When someone you love is arrested, bail is how they come home while we wait for a case filing. Here is the whole process: what happens, what it costs, and the two ways to post bail.
- Bail is money that guarantees the person will come back to court. It is not a fine or a penalty.
- After booking, bail is usually set from the county’s bail schedule. Several charges are often added together.
- You can pay the full amount yourself (cash bail), or pay a bail bond company a fee to post it for you (bail bond).
- Either way, the person must go to every court date. When the case ends, the bail is closed out.
From arrest to release
Six steps, from the arrest to the last court date.
- Step 1
Arrest and booking
The police department or county jail books the person: charges, fingerprints, photo and a background check. After booking, they can make phone calls.
- Step 2
Bail is set
Most charges have a set amount in the county’s bail schedule. Bail information is usually ready a few hours after booking (in Orange County, about 2 to 3 hours).
- Step 3
You call us
Tell us who was arrested and where. We find where they are held, confirm the bail amount and explain both ways to post it.
- Step 4
Bail is posted
With cash bail, you pay the jail or court. With a bail bond, the co-signer signs the paperwork and we post the bond at the jail or court.
- Step 5
Release
The jail processes the release. A county jail usually takes 6 to 8 hours; a police department jail is usually faster. Shift changes and lockdowns can add time.
- Step 6
Court dates
The person goes to every court date until the case ends. Regardless of the outcome, the bail is exonerated at the end of the case.
Before you pay: two things to check
Not every arrest follows the same path. These two situations change what you need to do.
Sometimes no bail is needed
For many lower-level charges, the person is released without paying bail: with a ticket to appear in court (a citation), on their own written promise to return (called O.R., own recognizance), or, in Los Angeles County, with $0 bail before the first court date.
Call us first. We check whether this applies before you pay anything.
Sometimes bail can’t be posted yet
A warrant or hold from another case, a charge the bail schedule lists as “no bail”, or a court order can mean a judge has to see the person first. The first court date (arraignment) is usually within 48 hours of arrest, longer over weekends and court holidays.
A judge can set, raise or lower bail. Bail can’t be posted once the person has been sentenced.
Two ways to post bail
The bail amount is the same either way. What changes is how much you pay now, and what you get back.
Example: the jail sets bail at $20,000
Way 1
Cash bail
Pay the full amount yourself
- You pay
- The full bail: $20,000 in this example.
- Where
- At the jail or the court, in a form they accept.
- Money back?
- Yes, after the case ends, if every court date is kept. The refund can take weeks.
- Good fit when
- The bail is small, or you have the full amount on hand and won’t need it for months.
- Watch for
- Jails can limit checks and cards or verify funds before release. The money is tied up until the case ends, and a missed court date can mean losing it.
Most families choose this
Way 2
Bail bond
Pay a fee, and we post the full amount
- You pay
- A premium of 10% of the bail: $2,000 in this example. A discounted 8% rate is available to people who qualify.
- Where
- We post the bond at the jail for you.
- Money back?
- No. The premium is the fee for the bond and is fully earned once the person is released.
- Good fit when
- The bail is more than you can pay at once, or you can’t get to that much money quickly, such as at night, on a weekend or a holiday.
- Watch for
- The co-signer is responsible for the full bail if the person misses court and doesn’t come back.
What you need
A simple checklist for each way to post bail.
To post cash bail
- The full bail amount, in a form that jail or court accepts. Rules vary by facility and by amount. We tell you what that jail takes.
- Your photo ID.
- The person’s full name and booking number.
- Time for the refund: it is paid back after the case ends, to the person who paid it.
To get a bail bond
- A co-signer: an adult friend or family member who signs the bail paperwork.
- The co-signer’s photo ID and basic details such as address and employer. We verify them, and sometimes run a credit check.
- The person’s full name, date of birth and where they were arrested. The booking number and bail amount help, but we can find them.
- The premium. Payment plans are available for people who meet credit requirements.
- Collateral only sometimes. We decide case by case, and signature bonds with no collateral are available depending on the risk.
For most bonds the paperwork takes under an hour. Large or complicated bonds can take longer to approve.
What the co-signer agrees to
The co-signer signs the bail paperwork. It is an important promise, so we explain every line before you sign.
You help them get to court
You promise the person will go to every court date until the case ends.
You are responsible if they don’t return
If the defendant misses court and doesn’t come back, you can owe the full bail amount, plus the costs of bringing them back, as the agreement explains.
You can step away
If you no longer want the responsibility, talk to us. We explain how the person can be surrendered back to custody, which ends your obligation. However, a good reason for this action must be provided.
After release: how bail is exonerated
Bail stays in place for the whole case, then the court closes it.
Court dates
The person goes to every hearing. Keep the court papers and the dates somewhere safe.
Case ends
Guilty, not guilty or dismissed: once the case is over, bail has done its job.
Bail is exonerated
The court closes the bail. With cash bail, the court sends the refund. With a bond, the co-signer is released.
Collateral returned
If collateral was used, we release it as soon as we receive the court’s written notice.
If a court date is missed
The court can forfeit the bail and issue a bench warrant. The person should go back to court right away. California law allows 180 days (plus 5 if the notice was mailed) to fix it before the bail is lost. Call us immediately and we help you work out the next steps.
Common questions
What is the difference between bail and a bail bond?
Bail is the amount the court requires. A bail bond is one way to pay it: a licensed surety guarantees the full amount to the court, and you pay a premium instead of the whole bail.
How much does a bail bond cost?
The premium is 10% of the bail amount. A discounted 8% rate is available to people who meet certain requirements. Our rates are filed with the California Department of Insurance, and we go over every fee before anything is signed.
Do I get my money back?
With cash bail, yes: the court refunds it after the case ends, if every court date is kept. The refund can take weeks. With a bail bond, the premium is not refundable; it is fully earned once the person is released. Any collateral is returned when the court exonerates the bond.
Can the bail amount be lowered?
Only a judge can change bail. The person’s lawyer can ask the judge to lower it, often at the first court date.
How long does release take?
It depends on the facility. Release from a county jail usually takes several hours. Shift changes, lockdowns and system outages can add time. Release from a local police department jail is usually faster.
Do I need collateral for a bail bond?
Not always. We decide case by case. Signature bonds, with no collateral, are available depending on the risk.
Who can be a co-signer?
An adult friend or family member who can take responsibility for the bond. We review the application and tell you right away if a second co-signer or collateral is needed.
Do I have to pay again if the case goes on for more than a year?
No. We don’t charge a renewal premium when a case is delayed or continued.
Is my information kept private?
Yes. Everything you give us for a bail bond is confidential and is never shared with third parties.
Find the jail
Addresses and how to post bail at each jail and police station.
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