How does bail work in California?

1. Constitutional Framework

The Eighth Amendment and California Constitution art. I, § 12 prohibit excessive bail. Most defendants have a right to bail except capital cases or when public safety/witness intimidation is shown by clear and convincing evidence.

2. Cash, Surety, Property, OR Bonds

California recognizes cash bail (full amount deposited), surety bonds (through licensed bail agents), property bonds (real estate equity), and own-recognizance (OR) release. Prop 25 (2020) rejected algorithmic risk assessments, leaving the existing system in place.

3. Bail Hearing

Under Cal. Penal Code § 825, arraignment must occur within 48 hours (excluding weekends/holidays). A Gerstein probable-cause determination is required within 48 hours of warrantless arrest.

4. Bail Schedules

Each county adopts an annual bail schedule (Cal. Penal Code § 1269b) listing presumptive amounts by offense. Defendants can post per the schedule without a hearing.

5. Bail Bond Agent / Bondsman

Licensed bondsmen typically charge a 10% nonrefundable premium regulated by the California Department of Insurance under Cal. Ins. Code § 1800 et seq.

6. Conditions

Courts may impose GPS monitoring, no-contact orders, drug/alcohol testing, travel restrictions, and pretrial supervision (Cal. Penal Code § 1318).

7. Bail Forfeiture / Forfeiture Reinstatement

On nonappearance, the court declares forfeiture (Cal. Penal Code § 1305). The surety has 185 days to produce the defendant for vacatur.

8. Bail Reduction / Reconsideration

Under Humphrey, courts must consider ability to pay and less-restrictive alternatives. A motion to reduce can be filed at any time on changed circumstances.

9. Pretrial Release Programs

Counties operate OR programs and supervised pretrial release with reporting requirements.

This is legal information, not legal advice.