California Bail

For a person accused of a crime, BAIL permits a RELEASE from custody if there is no “risk of flight.” Usually when someone is arrested, he/she may be released from jail by posting bail or possibly without paying bail. Bail assures that the defendant will go to court when required. It can be in one of the following forms:

• Cash Bond: An individual “deposits” the entire bail amount in cash (or cashier’s check) with the court and loses that cash if the defendant/accused fails to appear in court. Once the criminal case is completed then the entire amount is returned.


• Bail Bond (Surety bond): Bonds are purchased from a California bonding company or “bail bondsman.” Typically a bail bondsman will require an 8% to 10% non-refundable fee based on the bail amount. The person buying the bond must guarantee the amount personally and financially. In the event that the defendant/accused does not appear in court after the bail is posted, then bail could be forfeited and the guarantor of the bail must pay the bail company the entire amount of the bail.


• Property Bond: An individual guarantees the bail amount with property, such as real estate, and could lose that property through foreclosure if the defendant doesn’t appear in court.


• Own Recognizance (OR): Defendants may sometimes be released on OR without paying bail money or posting a bail bond, and are then scheduled to appear at specific future court dates. If they appear at all scheduled court appearances, they never pay bail or worry about being in custody while their case is unresolved. If they fail to appear, they could be arrested.

California Law

Bail is a matter of right unless the crime is punishable by death or if a public safety exception is established. Under California Penal Code 1272, the bail amount may be posted according to a bail schedule. Each county has a schedule that lists the bail for every type of crime.

Bail is more of an issue when someone is charged with a felony. It IS sometimes possible to get the bail amount lowered, depending upon the crime being charged and the criminal history of the defendant. This is why it pays to have the best attorney on the case.

How The Right Attorney Can Help You

If you or someone you know has been arrested and thrown in jail, one of the first objectives is release from custody. Once released, the defendant can help with his/her own case while maintaining employment and family ties. It is generally easier to fight and defend a criminal case when the defendant is out of custody.

The bail process is tricky. An experienced criminal defense lawyer can save a defendant or their family a lot of money by either reducing the bail amount from the outset or in some cases, obtaining an OR Release for the defendant, also known as own recognizance, where a defendant is released from custody without posting any bail. An experienced criminal defense attorney can assist you by:

• Obtaining a release without posting bail (commonly referred as O.R. - Own Recognizance).


• Working with a bail bondsman (if a bail bond is necessary) to get the accused released from jail in just several hours.


• Beginning to develop a defense as quickly as possible and continue working on the best defense up through trial.

The Los Angeles Criminal Lawyers at Rodriguez, Lewis & Kahn are experienced criminal defense attorneys who can be helpful in getting bail reduced, helping a defendant be released on his/her own recognizance, or in helping the family of an accused post bail.

Call us to discuss your bail options; we will evaluate your case and determine if is necessary to go to a bail bondsman. If so, we will help you obtain the best and most reliable bail bonds company that we trust to handle your case in the most professional manner.