Bail Basics in California

A plain-language overview of how bail, release on your own recognizance and arraignment work in California.

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How bail works: cash bail vs. bail bond

Cash bailBail bond

Who paysYou pay the full bail amount to the court or jail.A licensed bail agent posts the bond; you pay a premium.

CostThe full amount, up front.Commonly around 10% of bail; rates are filed with the state.

RefundGenerally returned after the case ends if all court dates are kept (minus any fees or fines).The premium is not refunded.

CollateralNone beyond the cash itself.May be required, such as property or a co-signer.

Missed courtBail can be forfeited.Bond can be forfeited; co-signer may owe the full amount.

General information only, not legal or financial advice.

What bail is

Bail is money or a promise to pay that lets a person leave jail while their case is pending, as long as they come back for court. In California, each county's superior court publishes a bail schedule. A judge can raise, lower or waive bail.

Ways a person may be released

Depending on the charge and the court's decision, someone may be cited and released, released on their own recognizance (OR) without paying, released after posting the full bail amount in cash or released through a bail bond.

Some people are not eligible for release before trial. The court makes that decision.

Arraignment

In California, someone held in custody generally must be brought before a judge within 48 hours of arrest, not counting weekends and court holidays. At arraignment, the charges are read, a plea is entered and release terms can be reviewed.

Getting legal help

If the person can't afford an attorney, the court may appoint a public defender. This guide is general information, not legal advice. Speak with a licensed California attorney about a specific case.