If you or a loved one has been arrested in California, one of the first concerns is often how to get out of custody as quickly as possible. Posting bail is one option, but it’s important to understand how the process works—and what risks and alternatives may exist.
What Is Bail?
Bail is money or security paid to the court to ensure that a defendant appears at all required court hearings. It is not a fine or punishment. Instead, it acts as a financial guarantee that the accused will return to court.
How Is Bail Amount Determined?
In California, most counties use a bail schedule, which lists standard bail amounts for common offenses. However, bail is not automatic or fixed. Judges may consider several factors, including:
- The seriousness of the alleged offense
- The defendant’s criminal history
- Whether the defendant poses a risk to public safety
- The likelihood that the defendant will return to court
- Ties to the community (family, job, residence)
- If there are less restrictive means than incarceration
In some cases, a judge may raise or lower the scheduled bail—or deny bail entirely for very serious charges.
Ways to Post Bail
There are generally three ways bail can be posted and the most expedient way a defendant can be released from custody:
- Cash Bail
The full bail amount is paid directly to the court. If the defendant appears at all court dates, the money is typically refunded at the end of the case (minus administrative fees). - Bail Bond
A bail bond company posts bail on the defendant’s behalf in exchange for a non-refundable fee, usually around 10% of the bail amount. Collateral may also be required. - Property Bond
In limited situations, real property may be used as collateral. This process is more complex and time-consuming and is less commonly used.
In a Criminal Case, Are There Alternatives to Posting Bail in California?
In recent years, California has expanded the use of non-financial release options, especially for low-level and nonviolent offenses.
It’s important to point out that these alternatives require a defendant to stay in custody for up to three days pending their first hearing.
Release on Own Recognizance (OR Release)
An OR release allows a defendant to be released without paying bail, based on a written promise to appear in court. Judges typically consider:
- Criminal history
- Community ties
- Employment and family responsibilities
- The nature of the alleged offense
OR release is common for misdemeanors and some nonviolent felony cases.
Supervised Release Programs
Some defendants may be released under pretrial supervision, which can include:
- Regular check-ins with a pretrial services officer
- Drug or alcohol testing
- Counseling or treatment programs
These programs aim to ensure court compliance while allowing defendants to remain in the community.
Electronic Monitoring
In certain cases, a judge may order:
- Ankle monitoring (GPS and/or alcohol monitoring)
- Home detention or curfews
This option is often used when the court wants added oversight without requiring bail.
Cite and Release
For minor offenses, law enforcement may issue a citation instead of making a custodial arrest, allowing the person to remain free while awaiting court.
What Happens If Bail Conditions Are Violated?
Failing to appear in court can result in:
- Bail being forfeited
- A bench warrant being issued
- Additional criminal charges
If a bail bond is used, the bond company may also take steps to recover the defendant.
How could I violate my bail or release conditions?
- Failure to appear in court
- New violations of the law
- Violating any condition the court has placed upon my release
Why Legal Guidance Matters
Bail decisions can have serious financial and legal consequences. Posting bail may not always be the best—or only—option. An experienced criminal defense attorney can argue for reduced bail, OR release, or alternative conditions that protect your rights while minimizing disruption to your life.
If you or someone you care about is facing criminal charges in or near Riverside, California, and needs to post bail, understanding your options early can make a significant difference in the outcome of the case. Contact our attorney for a free, confidential evaluation of your case.