BY | June 5, 2025

If you are arrested for a crime in California, you have a constitutional right to seek release on bail. At your arraignment or court hearing, a judge will determine if you are eligible for release and set the bail amount based on factors like the severity of the charges, your criminal history, and your risk of fleeing. Posting bail allows you to leave jail and return to your daily life while awaiting trial. However, bail amounts in California are often remarkably high. This makes it difficult for many people to pay bail out of pocket. Fortunately, several options are available if you cannot afford to post bail. In this article, you will learn what happens if you cannot pay bail in California.

Remain in Police Custody

If you or a loved one cannot afford to pay for bail, the likely outcome is that you will remain in custody.

Each case is different, so no specific duration applies to everyone. However, in California, individuals in police custody for criminal charges have the right to a speedy court trial as outlined in California Penal Code 1382. This law specifies that for an accused person in custody on misdemeanor or infraction charges, the trial should commence within thirty days following their plea or arraignment.

Individuals facing felony charges should have their trial begin within sixty days of arraignment. Exceptions to this time limit can occur due to the defendant’s consent, valid reasons for delays, or other legal reasons.

Regardless of whether the time limit is thirty days or sixty days, spending time behind bars can lead to serious consequences, such as losing your job. Additionally, even if a defendant is found innocent, they cannot regain that lost time. Defendants who cannot afford to post bail remain in custody throughout the trial. This process may take weeks or months, depending on the severity of the offense and the case’s complexity.

To avoid being held in police custody for long periods, consider exploring alternative methods for posting bail.

Request for Bail Reduction

You can also seek a bail reduction if you cannot afford the bail amount. In California, these hearings take place forty-eight hours after an arrest. During these hearings, judges consider your connections to the community and the seriousness of the crime.

Some critical points your attorney can argue for a reduction include the following:

• Demonstrating your financial difficulties.
• Proving your strong ties to the community and a low risk of fleeing.
• Showing that the set bail sum is higher than the guidelines for the alleged crime

Engaging a skilled lawyer can enhance the chances of a successful bail reduction request. The courts are more inclined to reduce bail when presented with well-prepared and evidence-based arguments.

Ask Friends and Family for Help

Borrowing money from friends or family can offer a quick solution to financial needs. This approach demands honesty and open communication, and can effectively address financial shortfalls when other resources are inaccessible.

Release on Your Own Recognizance

The California Supreme Court has determined that it is unconstitutional to condition a person’s freedom solely on their ability to pay bail. However, many defendants still struggle to secure the funds to post bail. The next step is often to seek assistance from family or friends. But what should one do if no one can help with bail?

Alternative options are available for those unable to find a cosigner, including an Own Recognizance (OR) release. This type of release allows individuals to secure their release without the need to pay bail. While you may still be released, certain conditions, like house arrest, electronic monitoring, or curfews, could be imposed as part of a supervised OR release. An OR release is typically granted to a limited number of defendants, usually those at medium or low risk.

California law allows individuals arrested for most misdemeanors to be released on their own recognizance if they cannot afford bail, unless the court finds, under Penal Code (PEN) 1275, that such release would compromise public safety or present a flight risk.

However, individuals arrested for felonies do not have an automatic right to OR release solely based on their inability to pay bail. A defendant’s release is subject to judicial discretion and factors, including public safety and the risk of not appearing in court. The Supreme Court reinforced this principle in the case of In re Humphrey, which prohibits detaining individuals solely due to their inability to post bail.

Consult a Professional Bail Bonds Service

Many people seek bail assistance in California by hiring a licensed bail bonds service. A professional bondsman will inform the court that they will bear responsibility for your bail arrangement by posting a bail bond on your behalf. In exchange, you will pay a non-refundable premium, usually ten percent of the bail amount. For example, if the bail is set at $100,000, you should pay $10,000.

Bail bond services in California post surety bonds. Surety bonds are legally binding agreements that involve three parties:

• The court
• The defendant
• The bail bonds company

They guarantee the court that you will appear for your scheduled court proceedings and agree to pay the full bail amount if you do not attend court.

The bail premium you pay serves as the bail bondsman’s fee. Using a California bail bonds service allows you to secure your release on bail without paying the entire bail sum upfront. Many bondsmen provide flexible payment options or 0% interest repayment plans, which help you secure your release from police custody with a small initial payment. The process is as follows:

1. Call your bail bondsman and provide details about the bail sum and the jail where you are held.
2. Set up repayment plans or pay the premiums, then allow the bondsman to contact the court to ensure your prompt release.
3. Continue making repayments and attending court hearings while on bail to prevent legal issues.

Using Collateral

Some bail bond companies can ask you to provide collateral. Assets, like your home, serve as additional security to protect the bail bonds service if you do not appear for your trial at the scheduled time set by the court.

The amount of bail you need to pay varies based on the severity of the crime that law enforcement claims you committed. Generally, more serious offenses result in higher bail amounts. In California, the set bail amount could often exceed $100,000.

Common examples of collateral include:

• Vehicle titles
• Property deeds
• High-value items like electronics or jewelry
• Investment assets or bank accounts

If you fail to fulfill court obligations, the bondsman may seize the collateral to cover the bail sum.

Consider Using Property Bonds

You can also use real estate properties or other valuable possessions in areas that allow property bonds instead of cash bail. This option can involve a lot of paperwork and court approval, but it can be useful for obtaining release without needing immediate cash.

Supervised Pretrial Release Program

Supervised pretrial release programs provide an alternative for individuals seeking low-income bail options. These programs target low-risk perpetrators and often require you to participate in regular drug testing, check-ins, or other forms of supervision. By offering a structured alternative to traditional cash bail, these programs help you avoid lengthy jail stays and the risk of losing your job.

In such cases, the authorities could release you on your own recognizance (OR) without any financial obligation to the authorities. Supervised OR release can involve curfews, mandatory reporting, or electronic monitoring.

Bail bondsmen usually charge a bail fee of ten percent of the total bail amount. Some bail bond services accept collateral or provide payment plans to secure the bond, such as vehicles, real estate, or other valuable possessions. This collateral helps protect the bail bondsman by minimizing financial risk if you do not appear in court.

Defendants should attend all court proceedings and follow bail conditions to avoid losing the bond and facing additional legal issues.

Considering all available options, such as pretrial release programs, own recognizance (OR) release, and bail bonds with collateral arrangements or flexible payment, can help you and your loved ones find the most effective and low-income bail options. These options will secure your release from police custody while awaiting trial.

Seek Assistance from Non-Profit Organizations

Many charitable organizations offer financial aid for bail, especially for low-income households. To find assistance, research local bail fund initiatives in your location or contact community support groups that provide legal aid services.

Examples of community supportive groups include:

• The National Bail Fund Network assists families throughout the United States.
• Organizations at the city or state level that focus on reducing pre-trial sentences.

Understanding How Bail Bonds Work When You Cannot Afford Bail

You do not have to pay the entire bail amount to secure an early release from jail. Instead, you can collaborate with a reputable bail bondsman. The process is straightforward. You can call a bail bondsman to discuss your situation. They will then agree to pay your bail for a fee.

Most bail bond companies in California charge the maximum fee of ten percent of the bail amount, as stipulated by state law. For example, if the court determines that bail is set at $80,000 for a crime you are accused of, you typically would need to pay the entire amount in cash. This situation can be challenging, especially if you cannot access your funds while in jail. Your family members may need to help you, but they might not have the necessary funds.

On the other hand, if you choose to work with a bail bondsman, you would only need to pay a fee of less than $8,000, typically around ten percent of the bail amount or even lower. The bail bondsman will post a bond for the full bail sum, allowing you to secure your release from jail.

Many bail bond companies provide financing solutions with no upfront payment or security required. You can pay the bail fees in smaller, more reasonable installments.

Depending on your position and local community connections, your bail bonds firm can offer reduced rates as low as 7 percent.

Once you accept the bail fee, the bail bondsman pays the authorities to help you secure your release. Many bail bondsmen are available 24/7, so you can ask for help anytime. They handle your application quickly and submit all necessary documents and payments to law enforcement on your behalf.

The officers will then process these documents, hold the payment in escrow, and arrange for your release from the holding cell. This process can take several hours, depending on how busy the officials are.

Alternatives When Bail Is Not Possible

If bail is not available in your case, you can consider these alternatives:

• Hire a lawyer—An experienced lawyer can speed up the trial process or negotiate a plea deal, helping reduce your jail time.
• Supportive services in jail—While waiting for trial, your loved one could participate in mental health support, education, and legal assistance programs that many detention centers offer.
• Request a time-served deal—In certain situations, the time already served in jail could be negotiated as part of a plea deal.

What are the Consequences of Missing Payments on a Bail Bond?

If you miss a payment, promptly contact your bail bonds company. They might provide a grace period or adjust the payment plan. Failing to address the issue could lead to the bond being revoked, which may result in legal repercussions.

Find a Professional Bail Bonds Service Near Me

Bailing someone out of police custody can be emotionally taxing and financially challenging. Many people lack the funds needed for posting bail. Since bail amounts can vary, you should consider obtaining financial assistance to facilitate the release of yourself or a loved one from jail.

At Alana’s Bail Bonds, we strive to facilitate the prompt release of you or your loved ones while minimizing stress and anxiety. You can secure bail bonds without any upfront payment, and now you understand the process. If you find yourself in this situation, you can rely on our support. Our team offers bail bond services throughout California. If you or someone you know is facing legal charges and has questions, contact our office at 619-468-9333 to speak with one of our bail bondsmen.