Bail Extension Under Penal Code 1305.4

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

The 180 days after a bail forfeiture are running out and the person has not been found, or has been found but cannot be brought to court in time. California has a tool for this moment. Penal Code section 1305.4 lets certain parties ask the court for more time.

This guide explains who can file, what the motion must contain, the notice rule, how timing works and what judges look for. It is a narrow topic, so we go slowly and show how it fits with the rest of the forfeiture rules. If you are new to forfeiture, start with bail forfeiture under PC 1305.

Where the 180 days come from

When a defendant fails to appear without sufficient excuse, the court declares the bail forfeited. Penal Code section 1305 gives the surety and bail agent 180 days from the forfeiture to bring the defendant back and have the forfeiture vacated. If notice must be mailed because the bond or deposit is over $400, the period runs from the mailing date and is extended by five days for the mailing.

If the 180 days pass with no set aside, section 1306 says the court shall enter summary judgment against the bond for the bail amount plus costs. That is the outcome a motion to extend is meant to prevent when there is a real chance of finishing the job with more time.

The deadline is not soft. A judge cannot simply wave it away because the family is upset. The statute that allows more time sets its own rules, which we explain next.

What section 1305.4 says

Here is the substance in plain words. Notwithstanding section 1305, the surety insurer, the bail agent, the surety or the depositor may file a motion based on good cause for an order extending the 180 day period. The motion must include a declaration or affidavit stating the reasons that show good cause. After a hearing and a showing of good cause, the court may order the period extended to a time not exceeding 180 days from its order. The motion may be filed and calendared as described in section 1305(j). And the moving party must give the prosecuting agency written notice at least 10 court days before the hearing, as a condition of the court granting the motion.

Break that into pieces.

• Who may file. The surety insurer, the bail agent, the surety or the depositor of money or property. The defendant is not on the list, though a defendant's lawyer works closely with the bail side.
• What must be filed. A motion and a sworn declaration or affidavit with the facts that show good cause.
• What the judge decides. Whether good cause exists. The statute uses the word may, so the judge has discretion even when there is a good reason.
• How much time. Up to 180 days counted from the court's order, not from the original forfeiture.
• Notice. Written notice to the prosecuting agency, at least 10 court days before the hearing.

Timing, the 30 day rule and why paperwork cannot wait

Section 1305(j) is the companion rule. A motion filed in a timely manner within the 180 day period may be heard within 30 days after the 180 days expire. The court may extend that 30 day period on a showing of good cause. The motion may be made by the surety insurer, the bail agent, the surety or the depositor, who may appear in person or through an attorney.

Do not read that as permission to wait. The word is timely, which means the motion has to be on file within the 180 day period. The hearing may come later. The 10 court day notice also has to be given before the hearing, and court days do not include weekends and holidays, so the real calendar is longer than people expect.

A realistic plan works backward.

1. Mark the last day of the 180 day period, using the notice mailing date if one was required plus the five day extension.
2. Decide at least a month before that whether an extension may be needed.
3. Prepare the declaration and gather proof while there is still time.
4. File within the period and serve the prosecuting agency with the written notice.
5. Ask the clerk for a hearing date and track it.

There is one more clock. If summary judgment is not entered within 90 days after it first could be, the right to enter it expires and the bail is exonerated under section 1306(c). The court and the prosecutor usually watch that too.

What counts as good cause

The statute does not list reasons. Good cause is a judgment call, and a judge looks at the facts in the declaration. What helps is plain, specific and provable. Common situations that people raise include these.

• The defendant is known to be in custody somewhere and the paperwork or transport is taking time.
• The defendant is in a hospital or treatment program and the medical records show when they will be able to travel.
• The bail agent or an investigator has real leads on where the defendant is and needs more time to bring the person back.
• The defendant has been located in another state or country and efforts to bring them back are under way. Section 1305(g) and (h) deal with a defendant found out of state and temporary detention by the bail agent in the presence of local law enforcement, with an option for the prosecutor to agree to tolling.
• A court delay or a lawyer's illness caused a hearing to slip.

None of these is a promise. A judge may find the effort has not been diligent. A vague statement such as the defendant is working on it carries little weight. Dates, names, records and steps already taken carry more.

What a strong declaration includes

The motion must come with a declaration or affidavit. Think about the questions a judge will ask and answer them before they come up.

1. Who is making the declaration and how they know the facts, such as the bail agent or an investigator.
2. What happened. The missed date, the forfeiture date and the date of mailing if relevant.
3. What has been done since. Calls, visits, searches, contacts with family, jail checks in other counties, steps taken with the lawyer.
4. What is still needed and a realistic estimate of how long it will take, with reasons.
5. What proof is attached. Records, letters, travel documents, jail booking information.
6. What the person is willing to do. Some defendants agree to return voluntarily, and that fact matters.

The declaration is signed under penalty of perjury, so it has to be true. We never exaggerate, and we tell families when we think the facts will not support a motion.

How a bail agent helps and what a family can do

We cannot make a judge grant more time, and we do not speak for the defendant. What we do is work the file. We read the bond and court record, count the days, prepare the facts and make sure the prosecutor gets the right notice. In a motion like this the bail agent often files, because the statute names the agent among the parties. If an attorney is needed to appear, we coordinate with one.

Families can help in practical ways.

• Tell us the truth about where the person is and what happened. Tips we cannot use are not helpful, but a lead we can check is.
• Give us proof of hospital stays, jail bookings or travel limits.
• Encourage the defendant to return to court with a lawyer. A voluntary return can end the matter faster than any motion. Section 1305(c)(1) says a defendant who appears within the 180 days leads to the forfeiture being vacated on the court's own motion at the first appearance.
• Be reachable by phone. Court dates and notices can come fast.

Read about what a co-signer is on the hook for in our guide on co-signer responsibilities in California. If you are still working through what to do after a missed date, the missed court date guide has a same day checklist and bond reinstatement explains another path.

Costs and the premium

Filing a motion has costs that can include court fees, investigator time and attorney time. California bail rules let a licensee collect only the premium, collateral and certain listed actual, necessary and reasonable expenses. Expenses connected with a forfeiture within the 180 days are one category, and they are governed by 10 CCR 2081. We explain what applies, in writing, before we do the work.

Here is how our pricing works, so nothing surprises you. Jane Un Bail Bonds offers 1% down on approved credit through Bail Today, Pay Later, a plan Jane started in 2004. The premium is 10% of the bail amount, which is the rate filed with the California Department of Insurance, or 8% when a private attorney is retained or the defendant or co-signer is a veteran. The balance goes on a monthly plan. 1% down is the down payment, never the price. Try the 1% down calculator or read about 1% down bail bonds.

When more time is not the right answer

Sometimes the right path is a plain return to court, or a surrender, and the paper needed for an extension would just delay it. The right choice depends on the facts. If the person can safely return, our advice is usually to talk to the lawyer and set the date. If the person is truly unreachable, an extension motion may be the only path. See surrender and exoneration under PC 1300 for the option of bringing the person back.

If the person in custody is pregnant, ask about our free bail program for qualifying pregnant women. Premium is waived for qualifying applicants who are 8 months or more along, with bail of $50,000 or less, a non-violent charge and a working co-signer with proof of income. It is subject to approval. If you do not qualify, ask anyway, because we are often able to help.

Jane Un Bail Bonds is licensed by the California Department of Insurance (License #1843448). Call (213) 725-2815 any hour, or start the short online application. Our Los Angeles office is at 900 Avila St Suite 101, a short walk from the downtown jails, and the jail pages show where people are held.

This guide is general information and not legal advice. Talk to your own lawyer or the public defender about your case. Our resources directory lists public defenders, court self help centers and legal aid.