When you or a loved one is arrested in California, the process of release from custody has changed significantly. Due to the landmark California Supreme Court decision In re Humphrey (2021) and new county-level rules (like Los Angeles County's "Zero Bail" policy), courts can no longer hold someone in jail solely because they cannot afford bail.
For the vast majority of non-violent misdemeanor and felony charges, release on Own Recognizance (OR) - a written promise to appear in court—is now the standard.
So, where do bail bonds fit in?
Bail bonds are now primarily used in cases where a judge specifically orders bail to be paid. This is now reserved for:
For these specific situations, a bail bond is a crucial lifeline. It is a financial guarantee posted by a licensed bail bond company to the court on behalf of a defendant, allowing them to secure release for a fraction of the total cost.
A bail bond is a financial guarantee posted by a licensed bail bond company to the court on behalf of a defendant. Rather than paying the full bail amount set by the court, defendants or their families can work with a bail bondsman to secure release for a fraction of the total cost. This system allows people to return home while their cases are pending, maintaining their employment, family responsibilities, and ability to participate in their legal defense.
Step 1: Arrest and Booking
When someone is arrested, they are taken to a local jail for booking and processing. This involves taking fingerprints, photographs, and conducting background checks. The booking process can take 2-8 hours or more depending on jail workload and the complexity of the charges.
Step 2: Bail Setting
When setting, reducing, or denying bail, the judge must consider all relevant factors outlined in California Penal Code 1275, including the seriousness of the charge, the defendant's prior criminal record and history of appearing in court, and the potential threat to public safety.
Step 3: Contacting a Bail Bond Company
If the defendant or their family cannot afford to pay the full bail amount, they can contact a licensed bail bond agency. The bail bondsman will ask questions about the defendant and charges to assess the risk and determine eligibility for services.
Step 4: Completing the Application
The bail bond application includes information about the defendant, charges, employment, residence, and references. This can often be completed via phone, email, or fax if meeting in person isn't possible.
Step 5: Payment and Collateral
The client pays a premium (typically 10% of the bail amount) and may be required to provide collateral to secure the bond. Once payment arrangements are complete, the bondsman posts the bail with the court.
Step 6: Release from Custody
After the bail bond is posted, the jail processes the release. This can take anywhere from 30 minutes to several hours depending on jail procedures and workload.
If a judge intends to set bail, they are now required by the In re Humphrey decision to hold a hearing to assess two key factors:
An experienced attorney is critical at this hearing to argue for OR release or the least restrictive, non-monetary conditions.
Bail bonds in California are regulated by the California Department of Insurance under the Bail Bond Regulatory Act. This ensures that bail bond companies operate according to strict legal and financial standards, protecting both defendants and the court system.
Key Legal Requirements:
Understanding the cost structure of bail bonds is crucial for families making financial decisions during stressful times. California law strictly regulates bail bond pricing to prevent exploitation while ensuring the industry remains viable.
10% Standard Rate:
California law sets the maximum bail bond premium at 10% of the total bail amount. This rate is standardized across the state and cannot be exceeded by any licensed bail bond company.
Example Calculations:
Minimum Fees:
Most bail bond companies charge a minimum fee of $50-$100 for smaller bail amounts, even if 10% would be less than this amount.
California law allows bail bond companies to offer 8% rates to certain qualifying individuals:
Eligible for 8% Rate:
Documentation Required:
To qualify for discounted rates, proper documentation must be provided within 30 days of the bail bond execution:
Administrative Fees:
Collateral Requirements:
When collateral is required, additional costs may include:
Immediate Payment Methods:
Financing Options:
Many reputable bail bond companies offer payment plans for qualified clients:
Bail bond companies must assess risk before agreeing to post bonds, as they become financially responsible for the full bail amount if defendants fail to appear in court. Understanding these requirements helps families prepare for the application process.
Defendant Requirements:
Co-signer Requirements:
Most bail bonds require a co-signer (indemnitor) who:
For the Defendant:
For Co-signers:
Factors That Improve Approval Odds:
Factors That May Complicate Approval:
When Collateral Is Required:
Acceptable Collateral Types:
California's bail system recognizes several different types of bonds, each designed for specific circumstances and needs.
Most Common Type:
Surety bonds are posted by licensed bail bond companies and represent the vast majority of bail bonds in California.
How They Work:
Advantages:
Direct Payment to Court:
Cash bonds involve paying the full bail amount directly to the court clerk.
Characteristics:
Considerations:
Using Real Estate as Collateral:
Property bonds allow defendants to use real estate equity as collateral for bail.
Requirements:
Process:
Risks:
An attorney can formally request an OR release at a bail hearing, which in many non-violent cases must be held within 5 days of bail being set, per Penal Code 1270.2.
No Bail Required:
Own recognizance release allows defendants to be released without posting any bail, based solely on their written promise to appear in court.
Eligibility Factors:
Advantages:
Limitations:
Understanding the step-by-step process of obtaining a bail bond helps families act quickly and effectively when facing arrest situations.
Emergency Response:
Most reputable bail bond companies operate 24/7 to handle emergency situations. The initial contact typically involves:
Information Collection:
Preliminary Assessment:
Detailed Application Process:
The formal application requires comprehensive information about both the defendant and any co-signers.
Defendant Information:
Co-signer Information:
A co-signer, also called an "indemnitor," is the person who signs the bail bond contract along with the defendant. This is a massive financial commitment.
If the defendant fails to appear in court and cannot be returned, the co-signer is legally responsible for paying the bail bond company the full amount of the bail. This is why bondsmen require co-signers to have steady employment and often require collateral, like a house or car, to secure the bond.
Understanding the Agreement:
Bail bond contracts are legally binding documents that outline the rights and responsibilities of all parties.
Key Contract Elements:
Important Clauses:
Final Approval Process:
Once all documentation is complete and payment arrangements are finalized, the bail bond company makes the final approval decision.
Bond Posting Procedures:
Understanding the serious consequences of missing court dates is crucial for anyone released on bail, whether through cash bail or bail bonds.
Bench Warrants:
When defendants fail to appear for scheduled court hearings, judges immediately issue bench warrants authorizing their arrest. These warrants remain active until the defendant is brought before the court.
Bail Forfeiture (Penal Code 1305): The moment a defendant fails to appear, the court declares the bail forfeited under PC 1305. This means the bond (or cash) is now owed to the court.
Additional Criminal Charges:
Failure to appear is a separate criminal offense in California, punishable by:
For Cash Bail:
If defendants posted cash bail directly, the court keeps the full amount, which is only recoverable in very limited circumstances.
For Bail Bonds:
When bail bonds are forfeited, bail bond companies become responsible for paying the full bail amount to the court. This triggers several consequences:
Immediate Obligations:
Grace Period and Recovery:
California law provides a 180-day grace period during which bail bond companies can:
Credit and Financial Impact:
Legal Complications:
Relationship Consequences:
California's evolving bail system offers several alternatives to traditional cash bail and commercial bail bonds, reflecting ongoing efforts to create more equitable pretrial release options.
Expanded Availability:
Recent legal developments, particularly the California Supreme Court's decision in In re Humphrey (2021), have expanded opportunities for OR release by requiring courts to consider ability to pay and alternatives to cash bail.
Eligibility Considerations:
Application Process:
Enhanced Monitoring:
SOR programs provide middle ground between custody and unrestricted release, offering supervision and support services.
Program Components:
Cost Considerations:
County-Operated Programs:
Many California counties operate pretrial services programs designed to assess defendants and recommend appropriate release conditions.
Assessment Process:
Services Provided:
Technology-Based Supervision:
Electronic monitoring provides an alternative to custody that allows defendants to remain in their communities while ensuring compliance with court orders.
Types of Monitoring:
Eligibility and Requirements:
Charitable Bail Organizations:
Several nonprofit organizations operate in California to assist with bail payments for qualifying individuals:
Qualification Criteria:
Selecting the right bail bond company is crucial for ensuring professional service, fair treatment, and successful case resolution. With numerous companies operating in California, understanding what to look for helps protect your interests and avoid potential problems.
Verification Requirements:
All legitimate bail bond companies in California must be licensed by the California Department of Insurance. This licensing ensures compliance with state regulations and financial backing by approved surety companies.
How to Verify Licensing:
Red Flags:
24/7 Availability:
Reputable bail bond companies operate around the clock to handle emergency situations, as arrests can occur at any time.
Professional Communication:
Local Expertise:
Clear Fee Structure:
Professional bail bond companies provide upfront, honest information about all costs involved:
Payment Options:
Written Contracts:
All legitimate bail bond companies provide detailed written contracts that clearly outline:
Educational Approach:
Quality bail bond companies take time to educate clients about:
Ongoing Support:
Family Communication:
California's bail system continues to evolve through legislative changes, court decisions, and policy reforms that affect how bail bonds operate and what options are available to defendants.
Constitutional Requirements:
The California Supreme Court's 2021 decision in In re Humphrey established new constitutional requirements for bail decisions:
Practical Implementation:
Different California counties have implemented Humphrey requirements in various ways:
Failed Reform Attempts:
California's bail reform efforts have faced significant challenges:
Current Reform Trends:
Risk Assessment Tools:
Modern bail decisions increasingly rely on validated risk assessment instruments:
Electronic Monitoring Expansion:
California's bail bond system provides a crucial service for defendants and their families, offering a pathway to pretrial freedom when cash bail amounts are beyond immediate reach. Understanding how bail bonds work, what they cost, and what alternatives are available empowers families to make informed decisions during some of the most stressful times in their lives. The key to success in navigating California's bail system lies in understanding your options, working with reputable service providers, and maintaining strict compliance with all court-ordered conditions. Whether you choose commercial bail bonds, pursue own recognizance release, or explore other alternatives, having experienced legal counsel ensures that your rights are protected and your interests are advocated for throughout the process.
The decisions you make about bail and pretrial release can significantly affect the outcome of your case and the impact on your life. Make sure you have experienced advocates on your side who understand both the law and the practical realities of California's criminal justice system.
References
In re Humphrey (2021) S247278 (Official Court Opinion)
California Penal Code § 1275 - Factors in Setting Bail
California Penal Code § 1305 - Bail Forfeiture
California Department of Insurance - License Status Inquiry
Please note that the information provided in this article is for general informational purposes only and does not constitute legal advice. This content was last reviewed and updated by our legal professionals in October 2025 to reflect the current state of the law, including the significant impact of the In re Humphrey decision. California's bail laws are complex, subject to change, and vary significantly by county. The application of the law depends heavily on the specific facts of your case. For personalized advice from an attorney regarding your specific situation, we strongly encourage you to contact the H Law Group for a free, confidential consultation.
A bail bond company posts a financial guarantee to the court on your behalf, allowing release without paying the full bail amount upfront. You typically pay a 10% premium to the bondsman.
California law caps bail bond premiums at 10% of the bail amount. Some defendants may qualify for an 8% discount if they have private counsel, are veterans, or union members.
The court issues a bench warrant, and bail is forfeited. The bail bond company may seize collateral or take legal action to recover the amount.
Yes. In some cases, judges grant Own Recognizance (OR) release — meaning you promise to appear in court without paying bail, usually for low-risk or nonviolent offenses.
A defense attorney can request a bail reduction, argue for OR release, and connect you with trusted bail bond agents — ensuring a smoother, faster release from custody.
