Bail and Bail Bonds in CaliforniaCalifornia Penal Code § 1268 et seq.
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What Is Bail?
Bail is the amount of money a defendant must deposit with the court to be released from custody while their criminal case proceeds. It serves as a financial guarantee that the defendant will appear at all required court hearings. If the defendant appears as required, the bail is returned at the conclusion of the case. If they fail to appear, the bail is forfeited and a warrant is issued for their arrest.
How Bail Is Set in California
Bail amounts are initially set according to each county's bail schedule — a predetermined list that assigns bail amounts to specific charges. A judge can raise or lower bail at arraignment based on factors including the seriousness of the offense, the defendant's criminal history, ties to the community, employment, and flight risk. An experienced criminal defense attorney can argue persuasively for lower bail or release on your own recognizance (OR release).
Own Recognizance (OR) Release
An OR release means you are released from custody without posting any money, based solely on your promise to appear in court. OR release is appropriate when the defendant has strong community ties, stable employment, no serious prior record, and the charges are not violent or severe. Our attorneys regularly argue for OR release at arraignment, saving clients thousands of dollars in bail costs.
Bail Bonds — How They Work
If you cannot afford to post the full bail amount, you can use a bail bondsman. A bail bondsman charges a non-refundable premium — typically 10% of the total bail amount in California — and posts the full bail on your behalf. For example, on a $50,000 bail, the premium is $5,000. The bondsman is responsible for the full amount if you fail to appear. Collateral such as real estate or vehicles is often required for high bail amounts.
Bail Reduction Motions
If bail is set too high, your attorney can file a motion to reduce bail. We present evidence of your community ties, employment, family responsibilities, and the specific facts of your case to argue that a lower amount is appropriate to ensure appearance. Bail reduction motions are often successful when filed promptly by an experienced attorney.
Contact Virtuoso Law
If you or a loved one has been arrested, call Virtuoso Criminal and DUI Lawyers at (833) 666-5245 immediately. We help clients through every stage of the process including securing the most favorable bail conditions possible. Available 24/7.