BY | April 10, 2024

If you are ever arrested on suspicion of a crime, posting bail will allow you to avoid spending the pre-trial period behind bars. Before posting yours, though, you will want to ask key questions like “How much is bail in California?” and “Do you get bail money back in California?” to gain a better understanding of what to expect.

In this quick guide, we’ll look at how bail works and what happens to bond money in greater detail. And if you need the support of an experienced and supportive bondsman serving all of California, Alana’s Bail Bonds is here to help.

Bail in California: How it Works

When arrested for a crime in the State of California, you will usually be offered the opportunity to post bail. The main exceptions are if you have a history of skipping bail, interfere with witnesses, or are seen as a threat to society. A bail hearing will allow the judge to determine whether you are eligible for bail and, if so, set the bail amount.

If you are wondering “How much is bail in California?”, there is no specific answer. The courts set a fee based on the individual circumstances including;

• Type of crime, 
• Severity of crime,
• Criminal record,
• Perceived flight risk.

However, the average bail fee is $50,000 although figures show that the bail for many crimes is far higher. It is also possible to pay the bail fee with property, but the assets must be worth twice the value of the bail amount. 

So, do you get bail money back in California? In short, it depends.

Bail is posted to secure a defendant’s release from jail until their trial date. The funds are then held by the courts and returned to the individual after the trial’s completion. Bail money is returned irrespective of the trial verdict, although the fees deducted from the refund will be higher if found guilty. 

The full bail amount will be surrendered (kept by the courts) should the defendant take flight, fail to attend their court hearings, or violate the terms of their bail agreement. By setting bail so high, the courts are able to deter defendants from those actions. 

Understanding Bail Bonds in California

Despite the fact that the Supreme Court has declared that “setting bail at an amount a person cannot afford to pay is unconstitutional”, the majority of people accused of a crime are unable to pay their bail amount in cash. After all, it can be very hard to access funds when in custody, especially if arrested outside of business hours. Besides, each moment unnecessarily spent behind bars can cause negative outcomes.

Without posting bail, defendants will have to stay in jail until their trial date. Even with the right to a speedy trial under Penal Code 1382, this could see defendants held for up to 60 days for a felony. Even for a misdemeanor, the 30-day wait can have a lasting impact on a person’s career, relationship, finances, and reputation. Thankfully, bail bonds in California offer an alternative solution.

So, how does bail bond work in California, and what happens to bond money following the conclusion of your trial?

When working with a bail bondsman in Downtown San Diego or another part of the Golden State, they agree to take responsibility for your bail in return for a fee (known as a premium) that is equivalent to 10% of the bail fee. So, if bail is set to $50,000, the bond fee will be $5,000 - although it should be noted that Alana’s Bail Bonds provides military discounts and other offers to bring the costs down further. After hiring a bondsman, the process ahead is as follows;

• You agree to pay the bondsman’s fee.
• The bondsman contacts the courts to inform them that they will take accountability for your bail.
• The bondsman then transfers funds to the court to secure the defendant's release from jail.
• Defendants return to normal life and prepare for their trial.
• Defendants meet the terms of their bail, such as attending court hearings.

Alana’s Bail Bonds has good contacts with all courts across the State of California, allowing defendants to gain their freedom within hours. Moreover, we appreciate that even finding $5,000 today can be very difficult given the circumstances. As such, we offer 0% financing bail bonds in which you can clear the balance in the weeks following your release from custody. 

Getting Your Bond Money Back: Explained

When asking “Do you get bail money back in California?”, you need to consider how you utilized the bail system. 

After posting bail yourself, either through cash or property, you will get the money back at the end of your trial. In some cases, this can occur within five business days. However, the average wait is up to 30 days while it is possible for some individuals to wait a year or longer. So, if you need the funds, cash bail fees might not always be deemed suitable. 

While some territories do not accept bail bonds, the vast majority of people arrested in the State of California will have the option to take his path. This allows you to avoid the downsides of posting bail yourself, such as;

• Losing the opportunity to invest your capital while it is tied up in the courts,
• Limit your potential financial exposure by 90% courtesy of the premium,
• Waiting for your personal funds to become available and the delays this causes.

Furthermore, when asking “How much is bail in California?”, the truth is that a bail bondsman may be able to negotiate a better deal on your behalf thanks to existing working relationships with judges throughout California’s 58 counties. Conversely, if you take the cash bail route, it’s almost certain that you’ll have to cover the full amount as initially stated at your bail hearing.

Meanwhile, anyone posting their cash bail will lose several hundred dollars due to court fees. When added to the possible fees of withdrawing funds in the first place, the returned funds won’t equate to 100% of the figure you paid.

What Happens to Your Bond Money in California?

Posting bail via a bondsman will stand out as the preferred option for many people. Still, it will be necessary to ask several key questions. “If you post bond do you get it back?” is one of the more common issues.

In short: no. However, when you consider what happens to bond money, the financial situation remains a more attractive prospect for many defendants - as well as the most practical choice.

When thinking about what happens to bond money, you need to consider yourself (as the defendant or an indemnitor), the bondsman, and the courts. Assuming your bail fee is set to $50,000, the situation will look as follows;

• You pay $5,000 to the bondsman.
• The bondsman pays $50,000 to the courts.
• The courts keep the $50,000 until the trial is complete.
• Bond money is returned to the bondsman.

Essentially, then, the bondsman takes on a potential $50,000 risk because they need the defendant to meet their bail terms. Likewise, the bondsman will cover the court fees and take on the financial restrictions that come from having $50,000 tied up in the judicial system.

Moreover, with services like Alana’s Bail Bonds, you won’t have to pay the full $5,000 now. In most cases, defendants only pay a few hundred dollars towards their bail bond for DUIs or other offenses. Moreover, thanks to the 0% interest loans on bail bonds, this approach to posting bail can work out far better than borrowing money to post the cash figure.

When the bail bond money is returned, the bondsman will keep all of the money including the 10% premium that you contributed (or will contribute through a repayment plan). This fee covers their services, ranging from contacting the courts and transferring funds to taking responsibility for your court appearances. It also takes court fees and other expenses into account, as well as the bondsman’s time.

Due to the financial and reputational risks that the bondsman takes on, they will pursue legal action if the defendant takes flight. This may include surrendering the bond or hiring a private investigator to track down the individual. In this case, the defendant or co-signer will be held liable for those costs. As long as the bail terms are met, though, this won’t be an issue.

Get a Bail Bond in California with Alana’s Bail Bonds Today

If you or a loved one has been arrested on suspicion of a crime in California, avoiding unnecessary time behind bars is essential. Now that you know what happens to bond money and how a bail bondsman can help, selecting the right service is vital.

Alana’s Bail Bonds provides a convenient, confidential, and cost-effective way to post bail without the stress or potential risk of posting bail yourself. Better still, our bilingual agents will happily guide you through the options to ensure that the right steps are taken at this testing time. To find out more, get in touch now.