When someone is arrested in California, one of the first concerns is whether they can be released from custody before trial. This is where bail and bond come into play. While the two terms are often used interchangeably, they refer to different aspects of the release process. Understanding how bail and bond work—and what factors influence them—can help you or a loved one navigate the criminal justice system more confidently.

What Is Bail in California?

Bail is the amount of money a court sets to ensure that a defendant returns for future court appearances. If the defendant or their family pays the bail amount directly to the court, the individual can be released from jail while awaiting trial. If the defendant appears in court as required, the bail is returned at the end of the case (minus certain administrative fees).

What Is a Bond?

A bond is a type of financial guarantee purchased from a bail bondsman. When someone cannot afford to pay the full bail amount, a bail bond company can post the bail on their behalf in exchange for a non-refundable fee—typically around 10% of the total bail. The bondsman then becomes responsible for ensuring the defendant appears in court.

Factors That Determine Bail Amounts

Bail in California is not a random figure—it’s influenced by several key factors, including:

• The severity of the offense: More serious crimes result in higher bail amounts.
• Criminal history: Repeat offenders often face higher bail or may be denied bail altogether.
• Flight risk: If a judge believes the defendant is likely to flee, bail may be increased or denied.
• Public safety: Courts may consider whether the defendant poses a danger to others.

Judges often refer to a county bail schedule, which outlines recommended bail amounts for various offenses, but they retain discretion to raise or lower those amounts based on individual circumstances.

Alternatives to Bail

California law allows for several alternatives to traditional bail, such as:

• Own Recognizance (OR) Release: The defendant promises to appear in court without paying bail.
• Supervised Release: The defendant may be monitored while awaiting trial.
• Reduced Bail Hearings: A defense attorney can request a bail reduction if the initial amount is too high.

How a California Criminal Defense Attorney Can Help

An attorney can argue for reduced bail, OR release, or even challenge the basis for detention. At Wilson Wong Law, PC, we assist clients across California in navigating bail hearings, understanding their rights, and pursuing the most favorable release conditions possible.