Out of County Bail Bonds in California

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

Someone was arrested in one county, but the case belongs to another. A traveler stopped on a road trip, a person picked up on a warrant from a county they used to live in, a parent grabbed at work across a county line. It is common, and it adds a few steps that local families do not expect.

This guide explains how bail works when the arrest county and the case county are different, what a bail agent has to do, what extra costs may apply, how court dates work and why the 180 day rule is more forgiving when a person is picked up out of county.

Why two counties are involved

California has 58 counties and each one has its own jail, courts and prosecutor. A crime is generally charged in the county where it happened. A person can be arrested somewhere else. When that happens the person is held in the jail for the arrest county, and the case sits in the court of the charging county.

That means two systems. The booking jail keeps the person in custody until bail is posted or a judge releases the person. The charging county's court controls the case, the future dates and the bail amount. Our guide on how bail works in Los Angeles covers the basics for a single county. This guide covers the handoff between two.

A related point. Under Penal Code section 978.5, a bench warrant may be served in any county in the same manner as a warrant of arrest. So a person with a warrant for a county on the other side of the state can be arrested anywhere. See warrants and bail in Los Angeles.

How bail is set when the arrest is out of county

If the arrest was on a warrant, Penal Code section 1269b(b) says the bail is the amount written on the warrant, unless the person already appeared before a judge on the charge, in which case it is the amount that judge fixed. If there was no warrant and no appearance yet, the amount comes from the uniform countywide bail schedule for the county where the person is required to appear. That is the county of the case, not the arrest.

Section 1269b(a) lets the jail officer in charge, authorized employees and the court clerk accept bail in the amount fixed by the warrant, schedule or order, either in cash or by a surety bond issued by a certified, admitted surety insurer under the Insurance Code. So the arrest county's jail can accept a proper bond for the case county, once the paperwork matches.

Section 1270(a) matters for people held on out of county warrants. A court or magistrate who could release on bail may release a person arrested on an out of county warrant on own recognizance. For a person who appears on an out of county warrant arising from a case involving only misdemeanors, the statute says the person is entitled to own recognizance release unless the court makes a finding on the record that release would compromise public safety or not reasonably assure appearance.

What a bail agent has to do

A bond has to be issued by a licensed bail agent for an admitted surety. Penal Code section 1276 says a court or magistrate shall accept a surety bond executed by a licensed bail agent and issued by a person authorized under an unrevoked power of attorney on file in the office of the county clerk of the county where the court or magistrate is located. In plain words, the bond company's power of attorney has to be on file in the county where the bond is being accepted.

This is why not every agent can post every bond in every county. A bond that will be accepted at a Kern County jail needs paperwork that Kern will accept, and the same is true for San Diego, Sacramento and Los Angeles. When the arrest county differs from the case county, the people involved have to coordinate the receiving jail, the receiving court and the bond.

Jane Un Bail Bonds lists offices in several California counties and answers every call at (213) 725-2815. We do not claim every county is covered. Call us with the county of arrest and the county of the case, and we will tell you plainly whether we can help or whether you should use someone local.

Transfer steps in plain words

Families sometimes hear the phrase transfer bond. It is not a single legal form. It describes the practical handoff, and the steps usually look like this.

1. Confirm where the person is held and the booking number. Our jail pages and the guide to finding someone in jail help for Los Angeles. For other counties use the sheriff's inmate locator.
2. Confirm the case county, the case number, the charge and the bail amount. The court clerk or the lawyer can tell you.
3. Tell the bail agent both counties and any warrant information.
4. The co-signer completes the application and gives ID and proof of income. Much of this can be done by phone and online.
5. The agent prepares the bond for the court or jail that is accepting it, with the surety's power of attorney on file in that county, and arranges for delivery or posting.
6. After release, the person gets the next court date for the case county, in writing.
7. The agent keeps the case county's court dates on file, because the case is not in the jail county.

Release timing depends on the jail's processing and on the receiving court or clerk, so we do not promise a time.

Extra costs you may see

A bond posted at a distance may cost more than a local one, but California limits what can be charged. Regulation 10 CCR 2081 lets a bail licensee collect the premium at the filed rate, collateral and certain actual, necessary and reasonable expenses, and travel and posting fees for out of county work are in that group. Section 2082 says no other charge may be added to the premium for services. We list any expense in writing before you sign.

Ask these questions of any agent.

• Is there a travel or posting fee, and exactly how much.
• Is it charged in addition to the premium, and is it actual cost.
• Will I get a numbered written statement of the transaction.

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.

The case county's court dates

After release, the person must attend every date in the case county, even if home is far away. That can mean long drives. Plan early.

• Write down the court name, department, case number and every date.
• Ask the lawyer or public defender whether the court allows an appearance by counsel on some dates. Penal Code section 978.5 treats the situation where a court ordered the defendant to personally appear. Only the judge decides.
• Ask the judge for permission to travel if work or family requires it. See bail conditions in California.
• Keep us updated about a new address or phone number.

If the person has no lawyer yet, the court appoints one at arraignment for those who cannot afford counsel. See what happens at arraignment in Los Angeles for what to expect and our resources directory for help.

If a court date is missed from far away

Distance is not an excuse the court will assume. If a date is missed, the court can declare the bail forfeited and issue a bench warrant, and the 180 day clock starts. But the statute is more favorable when the person turns up out of county. Under Penal Code section 1305(c)(3), if outside the county where the case is located the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180 days, the court shall vacate the forfeiture and exonerate the bail. Section 1305(c)(2) deals with the same event inside the county, where release before an appearance leads the court to act on its own motion.

Section 1305(f) adds that where a defendant is in custody beyond the court's jurisdiction and the prosecutor elects not to seek extradition after being told the location, the court shall vacate and exonerate. These are real protections, but proof and timely action are needed. Read bail forfeiture under PC 1305, bond reinstatement and missed court date.

Special cases

• Out of state arrests are different. A person arrested outside California on a California case goes through extradition rules and local court steps. A bond from a California agent may not be accepted there. Call a lawyer in that state.
• Federal charges follow federal rules, covered in federal bail in Los Angeles.
• Immigration holds are separate, explained in immigration bonds in California.
• Juvenile cases follow juvenile rules, in juvenile detention and bail.

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 is often in court with families at arraignment, and we try to keep a distant case from feeling like a different world. {{CALL}}

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.