Bail in California runs from a few hundred dollars for minor misdemeanors to $2 million or more for the most serious felonies, and the county’s bail schedule sets the starting number for each charge. What most people actually pay, though, is the 10% non-refundable premium a bail bond agent charges to post the full amount for them. On a $50,000 bail, that is $5,000 gone for good. Pay the court directly in cash instead and you get the full amount back at the end of the case, assuming every court date is kept.
Typical Bail Amounts by Offense
Every county publishes a bail schedule listing preset amounts for common crimes, and the jail uses that schedule when someone is booked. The figures below come from the Los Angeles County schedule, one of the state’s largest. Other counties set their own numbers, so expect some variation on the same charge.
Common felony bail amounts in Los Angeles County:
- Murder (non-special-circumstance): $2,000,000
- First-degree robbery: $100,000
- Second-degree robbery: $50,000
- Residential burglary: $50,000
- Commercial burglary: $20,000
- Assault with a deadly weapon, non-firearm: $30,000
- Assault with a firearm: $50,000
- Felony DUI causing injury: $100,000
- Vehicular manslaughter with gross negligence: $50,000
Misdemeanor bail is much lower. Petty theft carries $1,000 bail, shoplifting under $950 is set at $5,000, and criminal threats are set at $25,000. Straight misdemeanors not otherwise listed default to $500, and wobbler offenses that could be charged either as a felony or misdemeanor default to $750.2Los Angeles Superior Court. Bail Schedule for Infractions and Misdemeanors
Murder with special circumstances is not bailable at all under the Los Angeles schedule.1Los Angeles Superior Court. Felony Bail Schedule
The same charge can carry different numbers from one county to the next. California law requires superior court judges in every county to adopt and annually revise a countywide bail schedule covering bailable felonies, misdemeanors, and infractions.3California Legislative Information. California Code Penal Code PEN 1269b A domestic violence offense might be set at $50,000 in one county and $30,000 in another.
How Judges Set the Amount
The schedule is a starting point, not a ceiling or a floor. A judge can raise or lower bail based on the specifics of the case. Under Penal Code 1275, the court weighs four things: public safety, the seriousness of the offense, the defendant’s criminal history, and the likelihood the defendant will show up for future hearings. Public safety is the primary consideration by statute.4California Legislative Information. California Code PEN 1275 – Bail
Seriousness looks past the charge itself. Alleged injury to a victim, threats against a victim or witness, use of a firearm or deadly weapon, and suspected drug involvement all push the amount up.4California Legislative Information. California Code PEN 1275 – Bail Prior convictions and past failures to appear weigh heavily. Strong community ties, steady employment, and family obligations can pull it down.
In 2021, the California Supreme Court ruled in In re Humphrey that detaining someone solely because they cannot afford bail violates due process and equal protection. Judges must consider a defendant’s ability to pay, and cannot set unaffordable bail leading to pretrial detention unless there is clear and convincing evidence that no less restrictive condition would protect public safety or ensure court appearances.5Justia Law. In re Humphrey If the scheduled number is beyond your means, the court is constitutionally required to consider a lower amount or non-financial conditions instead.
What You Actually Pay to Get Out
Once bail is set, there are a few ways to meet it. The one you choose changes the financial picture entirely.
Cash Bail
You pay the court the full amount. If every court date is kept, the court refunds the entire deposit after the case concludes, typically mailed within 30 business days of disposition or the exoneration order.6Superior Court of California, County of Santa Clara. Bail Refunds Any outstanding court fees or fines may come out of the refund first.
The upside is real: you get it all back. The downside is that $50,000 (or $100,000) sits with the court for however long the case takes, sometimes over a year. Most people don’t have that kind of money to tie up.
Bail Bonds
This is how most people post bail. A licensed bail bond agent charges a non-refundable premium, typically 10% of the total, and guarantees the full amount to the court. On a $100,000 bail, you hand the agent $10,000. That money is gone regardless of the outcome. Even if the charges are dropped the next day, the premium doesn’t come back.
Some agencies offer payment plans, letting you put down part of the premium upfront and pay the rest over time. Terms vary. Before signing, understand what happens to any collateral and to your remaining payments if the defendant misses court.
Property Bonds
You can pledge real estate instead of cash. California law requires equity of at least twice the bail amount, so a $50,000 bail needs $100,000 in equity.7California Legislative Information. California Code Penal Code PEN 1298
The paperwork is significant: a recent appraisal from a state-certified appraiser, a title report from a California title company no more than three months old, proof of fire insurance, a notarized deed of trust, and current property taxes. The court holds a hearing to verify ownership and equity before accepting the bond.8County of San Mateo, CA. Property Bond Information A lien sits on the property until the case ends. Skip court, and the property is at risk. Property bonds also take longer to process than cash or a bail agent, so they don’t work when someone needs out fast.
Own Recognizance Release
OR release costs nothing upfront. For misdemeanors, defendants are entitled to OR release unless the judge finds on the record that release would compromise public safety or that the defendant is unlikely to appear.9California Legislative Information. California Code Penal Code PEN 1270 For felonies, OR is possible but discretionary.
OR usually comes with conditions: check-ins with pretrial services, GPS monitoring, drug or alcohol testing, travel restrictions, or a mix of those. Violating any condition can put the defendant back in custody, often with stricter terms.
Asking the Judge to Lower Bail
If the scheduled amount is more than you can afford, your attorney can file a motion for a bail reduction hearing. After Humphrey, the judge must consider your income, assets, and financial obligations before deciding whether the current amount is appropriate.5Justia Law. In re Humphrey
Bring documentation: pay stubs, bank statements, tax returns, and a clear picture of monthly expenses. Your attorney can also propose non-financial conditions in place of cash, such as GPS monitoring, supervised release, or surrendering a passport. The judge may lower bail, replace it with OR release, or leave it in place.
For serious or violent felonies, dropping below the schedule requires the judge to find “unusual circumstances” and state the reasons on the record. Making all prior court appearances or not committing new offenses does not, by itself, qualify.4California Legislative Information. California Code PEN 1275 – Bail
Co-Signing a Bond Is Not a Formality
Bail bond agents almost always require a co-signer, also called an indemnitor, who guarantees the financial obligation. Families often sign without fully grasping what that means.
As co-signer, you are personally liable for the full bail amount if the defendant fails to appear and the bond is forfeited. Any collateral you pledged (a car, jewelry, other property) can be seized to cover the loss. The 10% premium is non-refundable no matter what.
Once the case concludes and the bond is exonerated, California regulations require the agent to return collateral promptly, immediately upon entry of any order terminating liability under the bond. One exception: if collateral secured unpaid premium payments still owed at exoneration, the agent can apply the collateral proceeds toward the balance.10Legal Information Institute. Cal. Code Regs. Tit. 10, 2088.2 – Return of Collateral
What a Missed Court Date Costs
Skipping court while on bail sets off a chain of consequences. The court issues a bench warrant and declares the bail forfeited.11California Legislative Information. California Code PEN 1305 – Bail Forfeiture
After forfeiture, there is a 180-day period (plus five days for mailing) during which the defendant can appear in court, voluntarily or after being surrendered by a bail agent. If the defendant shows up in that window, the forfeiture is vacated and the bond is exonerated.11California Legislative Information. California Code PEN 1305 – Bail Forfeiture If the window closes with no appearance, the court enters summary judgment for the full bail amount. For a bond, the surety company pays the court and comes after the co-signer for reimbursement. For cash bail, the court keeps the money.
Forfeiture can also be vacated if the defendant was unable to appear due to death, permanent disability, illness, military detention, or other circumstances beyond the defendant’s control, as long as the absence wasn’t arranged in cooperation with the bail agent.11California Legislative Information. California Code PEN 1305 – Bail Forfeiture
The defendant also faces new criminal charges. Under Penal Code 1320.5, willfully failing to appear on a felony charge while out on bail is itself a felony, punishable by up to $10,000 in fines, up to one year in county jail, or a state prison sentence. If the defendant doesn’t show within 14 days of the scheduled date, the court can presume the absence was intentional.12California Legislative Information. California Penal Code 1320.5 On OR release, willful failure to appear is a separate misdemeanor for misdemeanor defendants and a felony for felony defendants, the latter carrying up to $5,000 in fines and up to one year in county jail or state prison.13California Legislative Information. California Code Penal Code PEN 1320
What Comes Back to You
Cash bail is fully refundable if every court date is kept, mailed roughly 30 business days after the case ends.6Superior Court of California, County of Santa Clara. Bail Refunds Bail bond premiums are never refunded. Property bond liens are released after the case concludes and the bond is exonerated, though the county recorder paperwork can add time.
The choice usually comes down to one question: can you afford to have the full amount locked up for as long as the case takes, or is the guaranteed loss of 10% the more practical path?