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How Does Bail Work in Los Angeles

Someone you love was arrested and you need to know what happens next. This guide walks through bail from the first hour to the last court date, in plain words, with the real numbers from official sources.

Jane Un showing a mother and daughter a payment plan

The short answer

Bail is a promise backed by money. A judge or a county schedule sets an amount. If that amount is paid, the person leaves jail while the case moves forward. In return, they promise to come to every court date. When the case ends and every date was kept, the bail is released.

Bail is not a fine. It is not a punishment and it is not a sign that anyone is guilty. A person who is arrested is presumed innocent. The Los Angeles Superior Court says in its own bail schedule that the purpose of bail is to make sure the person appears at every court date and to reduce risk to the public or a victim.

Most families do not have thousands of dollars sitting in a bank account. A licensed bail agent can post the bail for you through a bail bond. You pay the agent a fee called the premium, and the agent promises the court the full amount. That is the part this guide spends the most time on, because it is where families have the most questions and make the most mistakes.

Two things are different in Los Angeles County than in many places. First, many people arrested for low level crimes are released before their first court date without paying anything. Second, the first court appearance can change the bail amount in either direction. Both are covered below.

Step by step, from arrest to release

Every case moves a little differently, but most follow this order.

1. The arrest and booking

After an arrest the person is taken to a police station or a jail. They are searched, photographed and fingerprinted. They are given a booking number. That number is the quickest way to find the person, ask about bail and, if needed, post a bond. Our guide on how to find someone in jail in Los Angeles shows where to look.

The Sheriff's Department says on its custody page that a person's record is not available online for bookings from the last 2 hours. If you search and find nothing, wait a bit and try again, or call the inmate information line at (213) 473-6100.

2. Learning the bail amount

For many arrests the amount comes from the county bail schedule. For an arrest made on a warrant, the judge who signed the warrant may have written the amount on it. After the person sees a judge, that judge's decision controls. The inmate lookup tool often shows the amount. If it does not, a licensed bail agent can help you find it. Jane Un Bail Bonds answers at (213) 725-2815 any hour.

3. Deciding how to post

You can pay the full amount in cash, pledge property, or use a bail bond. The table later in this guide compares them.

4. Paperwork

If you use a bond, the person who is paying and vouching, called the cosigner or indemnitor, signs an application and an agreement. The agent explains the premium, any payment plan and anything else you are asked to pay. Read it. Ask for a copy. California rules call for a numbered written statement of the bail transaction.

5. The release

Once the bond is posted, the jail processes the release. How long that takes depends on the facility and how busy it is, so no honest agent can promise a time. We will tell you what we can see and who to call at the jail.

6. Court dates and the end of the case

The person goes to every court date. When the case is over, the court releases the bond. That release is called exoneration. Our guide on whether bail money is returned explains what comes back and what does not.

Who sets the bail amount

Several people and documents can set bail, depending on where the case is.

California Penal Code section 1269b requires the superior court judges in each county to adopt a countywide bail schedule and revise it every year. The schedule lists a standard amount for each offense. Officers in charge of a jail can accept bail at the scheduled amount, which is how many people are released within hours of booking.

The Los Angeles County felony schedule is posted by the court and carries an effective date of January 1, 2026. It also includes the misdemeanor side of the system, which is handled in a separate schedule.

A judge does not have to follow the schedule. At and after the first court appearance, the amount of bail or the conditions of release are up to the judge, who can go higher or lower than the schedule. The court's own schedule says the judge must weigh the protection of the public, the safety of the victim, the seriousness of the charge, the person's past record and the chance they will come to court. Public safety and victim safety come first.

The Humphrey decision

In 2021 the California Supreme Court decided In re Humphrey. The Los Angeles court describes the ruling this way in its schedule. Holding someone in jail only because they cannot afford bail is unconstitutional. Judges must look at less restrictive conditions of release, and money bail is not a one size answer. Cash bail was not abolished. It is still used, especially for serious cases.

What this means for you in practice is simple. The number you hear first is not always the number that stays. A defense lawyer can ask the judge to review it. See our guide on how much bail is in California for the official numbers.

In Los Angeles some people go home without bail

Since October 1, 2023, Los Angeles County has used a Pre-Arraignment Release Protocol. Under it, many people arrested for misdemeanors and for non-violent, non-serious felonies are released before arraignment without posting money.

The court sorts offenses into three groups.

  • Cite and Release. The person is released on a promise to appear in court.
  • Book and Release. The person is booked and then released on a promise to appear.
  • Magistrate Review. A magistrate decides on release and any conditions that are not money.

Some people are not covered. Capital crimes, the serious and violent offenses listed in the state constitution and Penal Code section 1270.1, and offenses with certain sentence enhancements need money bail or are held until arraignment. People on felony probation, parole or post release supervision are sent to a magistrate even for lower level offenses.

If bail was set, a bond may be an option. If the person is charged with a low level offense, they may be released with no money at all. Call us at (213) 725-2815 before you pay anyone, and we will tell you honestly whether a bond is needed.

The full rules are in our guide to LA pre-arraignment release.

Four ways to post bail

Here is how the main options compare.

OptionWhat you payWhat comes back
Cash bailThe full bail amount, paid to the court or jailThe money, if the person appears at every court date
Bail bondA premium to a licensed bail agent, most commonly 10% of bailThe premium is the agent's fee and is not returned. Collateral, if any, comes back at the end
Property bondEquity in real estate pledged to the courtThe lien is released when the bond is released
Own recognizanceNothing, only a signed promise to returnNot applicable

Cash bail ties up a large sum for months and sometimes longer. A bond lets the family keep most of that money. The tradeoff is that the premium is gone for good.

How a bail bond works and what it costs

A bail bond is an insurance product. A licensed bail agent writes it for an insurance company that guarantees the court the full bail amount. If the person skips court and the court is not satisfied, the company can owe that amount. That is why the company wants a cosigner, and sometimes collateral.

The California Department of Insurance says the cost to a consumer is most commonly ten percent of the total bond, plus actual, necessary and reasonable expenses. Each insurer files its rates with the Department, and agents must charge the filed rate. The Department also says an agent may choose to charge less through rebating.

What Jane Un Bail Bonds charges

  • The premium is 10% of the court ordered bail.
  • It is 8% when a private attorney has been retained, or when the defendant or the cosigner is a veteran. That is a 20% discount on the premium.
  • Through Bail Today, Pay Later®, you can start with 1% of the bail amount down, on approved credit. The rest of the premium is paid on a monthly plan. Jane started that program in 2004.

Please read that third point carefully, because it is the most misunderstood idea in bail. The 1% is a down payment. It is not the price. The full premium is still owed, and it is paid over time. See our page on Bail Today, Pay Later and the comparison in 1% down versus the full 10 percent.

Bail amountPremium at 10%1% downLeft on the plan
$10,000$1,000$100$900
$25,000$2,500$250$2,250
$50,000$5,000$500$4,500
$100,000$10,000$1,000$9,000

The amounts above are arithmetic on the filed 10% rate. At the 8% rate the premium is lower. You can run your own numbers in the bail cost calculator.

To qualify for the payment plan, all that is required is that you or your loved one has a job. Bring a recent pay stub or your employer's contact information, plus proof of where you live.

What is not refundable

The premium is not refunded when the case ends, even if charges are dropped. The Department of Insurance says so plainly. Since January 1, 2022, California law also bars a bail agent from charging a renewal premium. One premium covers the bond until it is released by the court.

What the cosigner signs

A bond needs a cosigner, called the indemnitor. Usually it is a parent, partner, adult child or close friend with steady income. The cosigner signs the application and the indemnity agreement. By signing, the cosigner promises to see that the person goes to court and agrees to cover the bond and recovery costs if the person does not.

If you are on a payment plan, the cosigner is also responsible for the unpaid premium. If collateral is involved, there is a third paper that describes it. Collateral is property pledged as security, such as a car title, equity in a home or cash. The Department of Insurance says collateral is not released until the bail has been paid and the case is settled.

This is a real promise, so ask these questions before you sign.

  • What is the full premium and how much is due today?
  • Is collateral needed, and what exactly would be held?
  • Are there any expenses on top of the premium? Get each one explained in writing.
  • What happens if I can no longer vouch for this person?
  • Who do I call at night or on a holiday?

The long version is in our guide to cosigner responsibilities in California.

After release, court dates and what a missed date does

Release is the start of the case, not the end. The first court date is usually the arraignment, where the judge reads the charges and the person enters a plea. The California Courts self help guide says that if the person cannot afford a lawyer, the court will appoint one for free. At arraignment, if the person is still in custody, the judge can release them on their own recognizance, release them under supervision, set bail or deny release.

After arraignment come the next dates. A misdemeanor often goes to a pretrial conference. A felony often goes to a preliminary hearing. Write down every date in two places and keep the paperwork where the family can see it.

If a date is missed

If the person does not appear without a sufficient excuse, the court must declare the bail forfeited. Under Penal Code section 1305, the person can fix this by appearing within 180 days. If the clerk is required to mail a notice, five days are added. When the person returns, the court can cancel the forfeiture and release the bond.

That window is real, but do not lean on it. Call your agent the same day. Most missed dates are mistakes, such as a wrong date, a ride that did not show or an illness. Our guide on what to do after a missed court date has the steps.

When the case ends

When the case is over, the court releases the bond. After that, and once the premium is paid in full, collateral can be returned. Ask the clerk for proof that the bond was released and send a copy to your agent.

Protecting yourself when you shop for a bond

Bail is regulated, and you have tools to check who you are dealing with.

  • Check the license. The Department of Insurance lets you look up any bail agent by name or license number and see status and discipline history. Jane Un Bail Bonds operates under California Department of Insurance License #1843448. See our license page.
  • Expect to be the one who calls. Bail agents in California may not solicit business. The Department says bail must be requested by the arrested person, their lawyer of record, or an adult friend or family member. So a call you did not ask for is a red flag.
  • Get a receipt and a copy of everything you sign.
  • Be careful with big claims about price or approval. Rates are filed with the state. An honest discount is one the agent can explain and put in writing.
  • Remember who is who. A bail agent is a private business, not part of the court, the jail or the police. We are not a government agency.

If something goes wrong, you can file a complaint with the Department of Insurance through its consumer help page.

How Jane Un Bail Bonds can help tonight

Call (213) 725-2815. We are open 24 hours a day, seven days a week. A family member, friend or attorney can call for the person in custody.

It helps us if you have the person's full name, the jail they are in, the charge and the bail amount if you know it. If you do not, tell us what you have. We can help look the person up.

We are a licensed California bail agent with a main office at 900 Avila St Suite 101, Los Angeles CA 90012. Jane Un built Bail Today, Pay Later® in 2004 because families should not have to empty a savings account to bring someone home. You can read more about Jane.

If the person in custody is pregnant, ask about our program for qualifying pregnant women. It is subject to approval and has real conditions, which are listed on that page. If you do not qualify, ask anyway. We are often able to help.

You can also browse the jails we serve and read how the whole process fits together on our Los Angeles bail bonds page.

Questions people ask

How does bail work if I can't afford it?

You have a few options. A licensed bail agent can post a bond for a premium that is a fraction of the bail amount. A defense lawyer can ask the judge to lower bail or release the person without money, and under In re Humphrey judges must consider ability to pay. In Los Angeles County many low level arrests are released before arraignment with no bail at all. And some agents offer payment plans on approved credit. Call (213) 725-2815 and we will walk through the choices.

How long does it take to get out after bail is posted?

It depends on the jail and how busy it is, so we do not promise a time. Once the bond is posted, the jail processes the release. We will tell you what we can see and who to call.

Do you get bail money back?

Cash bail paid to the court is returned if the person appears at every court date. The premium paid to a bail agent is a fee and is not returned. Collateral, if any, is returned after the bond is released and the premium is paid in full.

Can I post bail for someone online?

Ask the agent or the jail how that facility accepts bail. A licensed bail agent can post a bond for you. Never send money to someone who contacts you first and is not a licensed agent. You can check any license with the California Department of Insurance.

Who can post bail for someone in jail?

Anyone can ask. For a bond, the cosigner has to be an adult who signs the agreement and can show steady income or a job. A family member, friend or attorney can call us on behalf of the person in custody.

What is the difference between bail and a bond?

Bail is the amount of money the court requires for release. A bond is a promise from a licensed agent and an insurance company to pay that amount if the person does not come to court. You pay the agent a premium for the bond instead of paying the full bail.

Is 1% down the whole cost?

No. 1% down is a down payment on approved credit. The full premium is still owed and is paid over time. Our premium is 10% of bail, or 8% with a private attorney or a veteran defendant or cosigner.

Sources

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