It is 2 a.m. and your phone rings. Someone you love has been arrested, and the jail says bail is set at $50,000.
Most families do not have $50,000 sitting in the bank. Within minutes, you hear words like “bail,” “bond,” “premium,” and “OR release,” and they all start to blur together.
So how do bail bonds work, and are they your only choice? The good news is that you usually have more than one option. This guide explains how bail bonds work in California step by step, how bail works overall, the key differences in bail vs. bond, what each one really costs, and how some people are released without paying anything at all.
What Is Bail?
Bail is money or property given to the court as a promise that the person will come back for every court date. Think of it as a security deposit. If the person shows up to court as required, the deposit is returned at the end of the case.
In California, each county sets its own standard bail amounts. Under Penal Code 1269b, the judges in every county must create and update a “bail schedule” each year. It is a list that shows the usual bail amount for each crime. The Kern County Superior Court adopted its most recent felony bail schedule effective December 29, 2025.
A judge can later raise, lower, or remove bail at a hearing, often at the arraignment, which is the first court hearing where charges are read.
How Do Bail Bonds Work in California?
A bail bond is a way to get someone out of jail without paying the full bail amount yourself. A licensed bail bond company (also called a bail agent or bondsman) promises the court that it will pay the full bail if the person does not show up. In return, you pay the company a fee.
Here is how the process usually works, step by step:
- You contact a licensed bail bond company. You share basic details, such as the person’s name, the jail, the booking number, and the bail amount.
- You sign an agreement and pay the premium. The premium is the company’s fee. In California, it is usually 10% of the bail amount, and rates are filed with the California Department of Insurance.
- You may need a cosigner or collateral. A cosigner (also called an indemnitor) agrees to be responsible if the person misses court. Collateral is something valuable, like a car title or property, that protects the company.
- The company posts the bond at the jail. This tells the court the full bail is guaranteed.
- The person is released, often with conditions set by the court.
- The person goes to every court date. This is the promise the bond is built on.
- The case ends. If every court date was kept, the bond is released (the court calls this “exonerated”) and any collateral is usually returned. The premium is not returned, even if the case is dismissed.
Example: Mark is arrested on a Friday night in Bakersfield. His bail is set at $10,000 based on the county schedule. His sister calls a bail bond company, signs as cosigner, and pays a premium of about $1,000. The company posts the bond, and Mark is released the next morning. When his case ends months later, the bond is released, but the $1,000 premium stays with the company.
How Does Bail Work in California?
A bail bond is just one way to post bail. In general, the bail process follows the same path for everyone:
- Bail is set after booking, usually starting at the amount in the county bail schedule. Some offenses fall into $0 bail release categories, and some serious charges may have no bail.
- Bail is posted in cash, through a bail bond, or in some cases with property.
- A judge may review bail at the arraignment or a bail hearing and raise it, lower it, or allow release without bail.
- At the end of the case, cash bail is generally returned if every court date was kept. If court was missed, bail can be forfeited, which means the court keeps it.
Bail vs. Bond: Key Differences
| Point | Cash bail | Bail bond |
| Who pays the court | You pay the full amount directly | The bond company guarantees the full amount |
| What you pay upfront | 100% of the bail | Usually 10% of the bail |
| Do you get it back? | Yes, after the case ends, if every court date is kept | No, the premium is a non-refundable fee |
| Who is at risk if court is missed | You lose the money you paid | The bond company, and then you or any cosigner |
| Best for | People who can afford the full amount | People who cannot pay the full amount at once |
A cosigner (also called an indemnitor) is someone who signs the bond agreement with the company. If the person misses court, the cosigner can be held responsible for the full amount.
How Much Does Each Option Cost?
Here is a simple look at the math, using a 10% premium:
| Bail amount | Cash bail paid to court | Bond premium at 10% | Money you get back after the case |
| $20,000 | $20,000 | $2,000 | Cash bail: generally all of it. Bond: none of the premium |
| $50,000 | $50,000 | $5,000 | Cash bail: generally all of it. Bond: none of the premium |
| $75,000 | $75,000 | $7,500 | Cash bail: generally all of it. Bond: none of the premium |
Example: Lisa’s brother has bail set at $50,000. If she pays $50,000 in cash and he makes every court date, that money is generally returned after the case ends. If she uses a bond company instead, she pays about $5,000 upfront, but that $5,000 is gone for good, even if the charges are later dropped.
Other Ways to Get Out of Jail in California
Bail and bonds are not the only options. Depending on the charge and the person’s history, these may also be possible.
Property bond
You can use the equity in real estate instead of cash. Equity is the part of the property’s value that you own outright, after any loan. Under Penal Code 1298, the court holds a hearing to check the value, and the equity must be worth at least twice the cash bail amount. This option can take much longer than a bond.
Release on your own recognizance (OR)
“OR release” means you are let out without paying any bail. Instead, you sign a written promise to return. Under Penal Code 1318, that agreement includes promises to:
- Appear at every court date
- Follow all reasonable conditions the court sets
- Not leave California without the court’s permission
- Waive extradition (not fight being brought back) if you leave the state and miss court
$0 bail release categories
Kern County’s 2026 bail schedule includes release categories for some offenses. People arrested for certain misdemeanors listed as “Cite and Release,” and certain felonies listed as “Book and Release,” are subject to $0 bail and do not have to post money before release. Whether a charge falls in one of these groups depends on the specific offense.
Supervised release and electronic monitoring
Some people are released with conditions instead of money, such as check-ins, drug testing, or GPS monitoring.
How Judges Decide Bail in California
Under Penal Code 1275, a judge setting, lowering, or denying bail must consider:
- Public safety, which is the most important factor
- How serious the charge is, including any injury to the victim or use of a weapon
- The person’s criminal record
- How likely the person is to come back to court
There is also an important protection. In 2021, the California Supreme Court ruled in In re Humphrey that a judge must consider whether a person can actually afford bail, and whether non-money conditions would work instead. In simple terms, a judge should not keep someone in jail just because they are poor.
Is It Better to Pay Bail or Use a Bond?
It depends on your money situation and your comfort with risk:
- Pay cash bail if you can afford the full amount without hardship. It is generally the cheaper option in the long run because the money comes back.
- Use a bond if you cannot pay the full amount. You pay much less upfront, but the premium is never returned.
- Ask a lawyer about OR release or lower bail first. A successful request can save thousands of dollars before you pay anything.
What Happens If Someone Misses Court After Posting Bail?
Missing court can cause serious problems for everyone involved:
- The judge can issue a bench warrant, which lets police arrest the person on sight.
- Bail can be forfeited, which means the court keeps it. Under Penal Code 1305, there is generally a 180-day window to have the forfeiture undone if the person appears in court.
- The bond company can come after the cosigner for the full bail amount and may take the collateral.
- A new charge is possible. In a felony case, willfully missing court while out on bail can be a separate felony under Penal Code 1320.5.
The court can also add stricter conditions or refuse release next time. Understanding what happens if you violate pretrial release can help you avoid these problems.
Release Conditions the Court May Set
Whether someone posts bail, uses a bond, or gets OR release, the judge can add conditions. Common ones include giving up a passport, not leaving the state, electronic monitoring or house arrest, drug or alcohol testing, treatment, or an ignition interlock device, which checks for alcohol before a car will start.
How a Defense Lawyer Can Help Lower Bail or Get You Released
The first bail hearing is often the best chance to reduce what your family has to pay. A defense lawyer can:
- Ask for OR release, showing strong ties to the community, such as a steady job, family, and a long-time home in Bakersfield.
- Argue for lower bail using the Humphrey ruling and your real ability to pay.
- Suggest non-money conditions, like check-ins or monitoring, instead of a high bail amount.
- Explain the difference between being detained vs. arrested, and what rights apply at each stage.
Frequently Asked Questions About Bail and Bonds
What is the difference between bail and bond?
Bail is the amount the court sets to make sure a person returns to court. A bond is one way to pay it. With cash bail, you pay the full amount to the court and generally get it back after the case ends. With a bail bond, a bond company guarantees the full amount, and you pay it a non-refundable fee, usually 10%.
How does a bail bondsman work?
A bail bondsman, or bail agent, promises the court that the full bail will be paid if the person misses court. In return, you pay the bondsman a non-refundable premium, usually 10% of the bail, and sometimes provide collateral. If the person skips court, the bondsman can try to collect the full amount from you or any cosigner.
Do you get bail money back in California?
Cash bail paid to the court is generally returned after the case ends and bail is released, as long as the person made every court date. A bond premium is not returned, because it is the bond company’s fee. Collateral is usually returned once the bond obligation ends.
How much is 10% of a $50,000 bond?
$5,000. At the usual 10% premium, a $50,000 bail would cost about $5,000 to bond, and that fee is not refunded.
What does a $20,000 bond mean?
It means bail is set at $20,000. You can pay the full $20,000 to the court in cash, or pay a bond company a premium, usually about $2,000, to post a bond for you.
Can you get out of jail without paying bail?
Yes, in some cases. A judge may grant OR release on a signed promise to appear, or set non-money conditions instead. In Kern County, some offenses fall into $0 bail release categories. A lawyer can ask the court for these options.
Need Help With Bail in Bakersfield?
The hours after an arrest are stressful, and every decision about bail can cost or save your family thousands of dollars. Getting a lawyer involved early can make a real difference in how quickly, and how affordably, your loved one comes home.
Knowing how bail bonds work is only the first step. The Law Office of David L. Faulkner represents clients from the first bail hearing through the end of the case. Whether the charge is a misdemeanor or a felony, our Bakersfield criminal defense lawyer can fight for a fair bail amount or release without bail.
Call (661) 324-4777 for a free, confidential consultation or contact us online.
