Cash Bail vs a Bail Bond

There are two ordinary ways to get someone out on a bailable charge in California: deposit the full bail amount yourself, or have a licensed surety post a bail bond and pay a premium instead. Neither is automatically the smart choice. The right answer depends on how much money you can afford to have frozen for months, and on how likely the case is to run long.

Side by side

What a bail bond actually costs in California

Here is the correction almost every bail website gets wrong: the premium is not a percentage fixed by statute. California bail premiums are set by the rate each surety files with the California Department of Insurance. Ten per cent is the most commonly filed rate. It is a filed rate, not a legal ceiling, and it is why you should ask for a figure rather than assume one.

We do not publish a fixed percentage on this site, because the honest number depends on the bond and the paperwork. Ask on the call and you will get a real one. See payments and payment plans.

When cash bail makes sense

• The bail is small and the money is not needed for anything else in the next few months.
• The case is likely to resolve quickly, so the deposit comes back soon.
• There is nobody willing to sign as indemnitor. A bond needs a co-signer; cash does not.

When a bond makes sense

• The bail is large. Very few families can freeze $50,000 for a year.
• The money is needed for the defence. A retained lawyer usually matters more to the outcome than a refundable deposit.
• Speed matters. A bond can be arranged and posted at any hour without moving funds between accounts.
• The case will run long. Cash comes back at the end, not during.

The three things nobody warns you about

1. Cash bail is not always returned to the person who paid it. It is returned according to the rules of the court that received it, and courts can apply it to fines and fees on conviction. Get a receipt in the depositor’s name.
2. Signing a bond is a real financial obligation. The indemnitor guarantees appearance and can be pursued for the full bail if the defendant absconds. Read co-signer responsibilities before signing.
3. Posting bail only clears the case it was posted on. Penal Code § 1269b(g) is explicit. A second warrant keeps the person in custody regardless.

The third option nobody sells you

Own recognizance release costs nothing at all. A judge can release a person on a written promise to appear, and in Los Angeles County most non-violent, non-serious arrests are now released before arraignment at $0 bail under the pre-arraignment release protocols. If that is where your case is heading we will tell you, and you will not buy a bond you did not need.

Questions we get asked most

Is cash bail refunded in California?

Yes, after the case concludes and according to the rules of the court that received it. It can be applied to fines and fees on conviction, so keep the receipt in the depositor’s name.

Is a bail bond premium refundable?

No. The premium is the fee for the surety posting the full bail amount, and it is earned once the bond is posted.

Is the premium always 10 per cent?

No. California premiums are set by the rate each surety files with the California Department of Insurance. Ten per cent is the most commonly filed rate, not a figure fixed by statute.

Which is cheaper overall?

Cash, if you have the full amount and the case ends quickly, because it comes back. A bond, if the bail is large or the money is needed elsewhere, because it frees the rest of the capital.

Can I post part cash and part bond?

Not on the same bail amount at a jail counter. Facilities generally require one method to cover the full figure — the Newport Beach Police Department, for example, states plainly that payment methods may not be combined.

Related resources

Payments and payment plans · Collateral · Co-signer responsibilities · OR release · PC 1275.1 hold · How bail works in California · All bail services