How Bail Works in California. Call (800) 351-8911

In California, bail is a promise backed by money that lets a person leave jail while the case moves forward. The amount starts from the county A list each county's superior court adopts that sets standard bail amounts for common charges., a judge can change it, and you can pay it in cash, with property, or through a licensed bail agent.

At a glance

Each county's judges adopt a bail schedule every year
A judge weighs public safety first, then the charge, record and likely appearance
A bail bond costs a premium, most commonly 10% of bail
Bail is exonerated when the case ends and every court date was kept

What bail is

Bail is not a fine and it is not a punishment. The California Courts self help guide describes it as money the defendant pays as a guarantee that they will come to their court dates. If they do, cash bail is returned at the end of the case.

Most families do not have the full amount sitting in a bank account. That is where a bail bond comes in. A licensed bail agent, backed by an insurance company called a The insurance company that backs a bail bond. The licensed bail agent writes the bond on its behalf., promises the court the full amount. You pay the agent a The fee you pay a bail agent to write the bond. In California it is most commonly 10% of the bail amount. It is not returned when the case ends. instead of the whole bail.

Who sets the amount

California Penal Code section 1269b makes it the duty of the superior court judges in each county to prepare, adopt and revise a countywide bail schedule every year. That schedule lists a standard amount for common charges. When someone is booked, the jail usually starts from that number.

A judge can raise it, lower it, set release conditions or deny bail. Under Penal Code section 1275, the judge must consider protection of the public as the primary factor, along with how serious the charge is, the person's record and how likely they are to come to court.

In 2021 the Supreme Court of California decided In re Humphrey. The court held that a judge who sets money bail must consider the person's ability to pay, and may not keep someone in jail only because they cannot afford it. That is one reason bail amounts can change at the first hearing.

Los Angeles County works differently before arraignment

Since October 1, 2023, the Los Angeles County Superior Court has used pre arraignment release protocols instead of the old money bail schedule for most misdemeanors and many nonviolent felonies. Depending on the charge, a person may be cited and released, booked and released, or sent to a magistrate who sets release terms. Serious and violent felonies are not eligible for that kind of release before arraignment, and a judge can still set money bail at or after the The first court date. Charges are read, a plea is entered, and the judge can review release or bail..

Our guide to LA County's pre arraignment release rules walks through what that means when you are trying to get someone home.

Four ways a person gets out

Option	What you pay	What comes back
Cash bail	The full bail amount to the jail or court	The deposit, after the case ends and every court date was kept
Bail bond	A premium to a licensed bail agent, most commonly 10% of bail	Any collateral, once the bond is exonerated and paid in full. The premium is the agent's fee
Property bond	Equity in real estate pledged to the court	The lien is released at the end of the case
Own recognizance	Nothing. A signed promise to return	Not applicable

Cash bail ties up a large amount of money for months. A bail bond costs less up front, and a good agent also handles the paperwork with the jail. See bail vs own recognizance for how OR release is decided.

The process, step by step

Booking. The person is fingerprinted, photographed and given a The number a jail gives a person at booking. It is the fastest way to find them, post bail, send money or schedule a visit.. In LA County the online locator can take a few hours to show a new booking.
Find the bail amount. Look the person up on the county's inmate locator or call the jail's inmate information line. Our inmate lookup guide lists each county's official tool.
Call a licensed bail agent. Have the person's full name, the jail, the charge and the bail amount ready. Jane Un Bail Bonds answers at (800) 351-8911, 24 hours a day.
Sign the paperwork. The cosigner signs the bail application and indemnity agreement and pays the premium or the first payment.
The agent posts the bond. The jail then processes the release. How long that takes depends on the jail and how busy it is.
Go to every court date. When the case ends, the court The court releases the bail bond, usually when the case ends. After exoneration and full payment, collateral can be returned. the bond.

If a court date is missed

A missed date can lead the judge to order a What the court orders when the defendant misses a required court date. The full bond can come due unless the person returns in time. and issue a warrant. Penal Code section 1305 gives a period, generally 180 days from the forfeiture or from the mailing of the notice, during which the forfeiture can be set aside if the person comes back to court. Call your bail agent the same day. Most missed dates can be fixed when everyone acts quickly. Our forfeiture and exoneration guide has the details.

Questions

Is bail the same in every California county?

No. Each county's superior court adopts its own bail schedule, so the same charge can carry a different amount in Los Angeles, Orange, Riverside, San Bernardino or San Diego County.

Can a judge lower bail?

Yes. A judge can lower or raise bail, set conditions or order release on own recognizance. A defense attorney can ask for a bail review, often at arraignment.

Do I get the bail bond premium back?

No. The premium is the bail agent's fee for writing the bond. Cash bail paid directly to the court is the kind that comes back at the end of the case.

Need help tonight? Call or text (800) 351-8911, 24 hours a day.

Sources

Sources checked October 27, 2026.