Federal Bail in Los Angeles

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

A federal arrest feels different from a local one, and it is. Federal agents make the arrest, the case is in federal court, and the rules about release come from Congress, not from the county bail schedule. Families who know how county bail works are often surprised that the federal system works another way.

This guide explains federal pretrial release in plain words, using the Bail Reform Act of 1984, which is found at 18 U.S.C. sections 3141 and following. We explain it so you can ask better questions. We are a California state licensed bail agent and we do not claim to write federal bonds. Call and ask us if you need to know what we can do in your case.

How federal and state systems differ

State bail starts with a county schedule. A person arrested on a state charge in Los Angeles County usually has a bail amount set before any judge sees them, and the family can post it. Our guide on how bail works in Los Angeles shows the process.

Federal court usually works the other way. There is no countywide schedule. After a federal arrest, the person is taken before a federal judicial officer, and that officer decides whether and how the person is released. The question is not what the schedule says. It is what conditions, if any, will reasonably assure the person comes back and the community is safe.

Federal cases also have their own prosecutors, the United States Attorney's Office, and their own supervision agency, called pretrial services. Federal court has public defenders too. The Federal Public Defender appoints counsel for people who cannot afford one, and federal judges appoint a lawyer when a person qualifies.

What the Bail Reform Act says

The central section is 18 U.S.C. section 3142. Subsection (a) says that when a person charged with an offense appears before a judicial officer, the officer shall issue an order that the person be one of four things.

• Released on personal recognizance or on an unsecured appearance bond.
• Released on a condition or combination of conditions.
• Temporarily detained for a short time to permit revocation of a prior release, deportation or exclusion.
• Detained before trial.

Subsection (b) says the officer shall order release on personal recognizance or an unsecured bond, with the condition of not committing a federal, state or local crime, unless the officer decides release will not reasonably assure appearance or will endanger the safety of another person or the community. If it will not, subsection (c) says the officer shall order release subject to the least restrictive further condition, or combination of conditions, that will reasonably assure appearance and safety.

Subsection (c)(2) adds an important line. The judicial officer may not impose a financial condition that results in the pretrial detention of the person. That is a sharp contrast to many state systems, and it is why money plays a smaller role in federal release.

The conditions a federal judge may use

Section 3142(c)(1)(B) lists conditions the judge may choose from. These include the following.

• Release to a designated person who agrees to supervise and report violations.
• Keeping or seeking a job, or staying in school.
• Restrictions on associations, place of residence or travel.
• No contact with an alleged victim or witness.
• Regular reporting to a pretrial services agency or law enforcement agency.
• A curfew.
• No firearms or other dangerous weapons.
• No excessive alcohol and no unprescribed drugs.
• Treatment for medical, psychological or substance problems, including staying at a facility.
• An agreement to forfeit property if the person fails to appear.
• A bail bond with solvent sureties who sign an agreement to forfeit an amount the judge decides is reasonably necessary.
• Return to custody for specified hours after work or school.
• Any other condition reasonably necessary.

In some cases involving minor victims, the law requires electronic monitoring and other listed conditions. The judge may change the conditions at any time. Our guide on bail conditions in California covers what these conditions look like on the state side.

Bonds and property in federal court

Two of the conditions use money. Under subsection (c)(1)(B)(xi), a person can agree to forfeit property of sufficient unencumbered value, and must give the court proof of ownership and value and information on existing loans. Under (xii), a person can execute a bail bond with solvent sureties who agree to forfeit a stated amount. Sureties must have a net worth with enough unencumbered value to pay the bond, and the judge may inquire into the source of property offered as collateral, and must decline property that, because of its source, will not reasonably assure appearance.

Federal courts usually decide what kind of surety they will accept, and many require a person with real assets or a court approved surety. Whether a state licensed bail agent can post a given federal bond is a question for the court clerk and the lawyer. Do not assume. We do not claim to write federal bonds. If you want to know whether and how we can help in your case, please call (213) 725-2815 and ask.

Detention hearings

Not everyone is released. Under section 3142(e), if after a hearing the judicial officer finds that no condition or combination of conditions will reasonably assure appearance and the safety of any other person and the community, the officer shall order the person detained before trial. Subsection (f) says the hearing is held on the government's motion in certain cases, such as crimes of violence, offenses with a maximum of life or death, serious drug offenses carrying ten years or more, certain felonies with weapons or minor victims and felons with several prior serious offenses. It can also be held when there is a serious risk of flight or of obstruction of justice.

The hearing is held at the first appearance, unless the person or the government asks for a continuance. A continuance on the person's request generally may not exceed five days, and on the government's request three days, not counting weekends and holidays, except for good cause. The person has the right to a lawyer, and the right to present evidence and to cross examine witnesses.

For some offenses, the law creates rebuttable presumptions that no condition will assure appearance and safety. Subsection (e)(3) covers serious drug offenses carrying ten years or more, certain firearm offenses and offenses involving minor victims. Rebuttable means the person can offer evidence to answer it. This is where a federal defense lawyer matters most.

What the judge weighs

Section 3142(g) lists the factors.

1. The nature and circumstances of the offense, including whether it involves violence, a minor victim, drugs, a firearm or explosives.
2. The weight of the evidence against the person.
3. The person's history and characteristics, including character, health, family ties, employment, money, length of local residence, community ties, past conduct, substance history, criminal record and record of appearing in court. Also whether the person was on probation, parole or release at the time.
4. The nature and seriousness of the danger the person's release would pose to anyone or the community.

You can help the lawyer by gathering the same kinds of paper that matter in state court. Proof of address and work, family letters, medical records, proof of a stable plan and the names of people willing to supervise. See our guide on bail reduction hearings for how to organize it.

Pretrial services and what supervision looks like

When release is ordered, a pretrial services officer often supervises compliance. The person may have to report in person or by phone, give drug screens, follow a curfew or wear a monitor, depending on what the judge ordered. Violating a condition can lead to a warrant and to revocation of release. Section 3142(h) requires the judge to put the conditions in writing, clear and specific, and to warn the person about the penalties for violating them, including a new offense while on release. Read the paper. Ask the lawyer about any term you do not understand.

A practical note for families. Federal cases tend to move on their own timeline, and hearings can be set within days. Keep your phone on, keep the lawyer's number written on paper and keep every document the court or pretrial services gives you. If you are asked to sign a bond or a property agreement, read it with a lawyer first, because the promise can reach a home or savings.

Federal and state cases together

A person can face a state case and a federal case at the same time, or be arrested on a federal charge while out on state bail. A federal arrest can affect state release, and a state arrest can affect federal release, because the law lets a judge consider whether the person was on release for another offense, and may allow temporary detention. Talk to a lawyer who knows both. If a state bond is involved, call us right away so we can explain the bond side. Read bail forfeiture under PC 1305 in case a date was missed.

Immigration cases are separate from both. See immigration bonds in California.

Where we can help

We explain how bail and bonds work in plain words and we point families to free legal help in our resources directory, including how to find a public defender. We do not give legal advice and we do not predict what a federal judge will do. {{PREMIUM}} {{PREG}}

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.

Please remember this is general information and not legal advice. Your lawyer or the public defender can tell you what applies to your case, and our resources page points to free legal help.