BY | November 28, 2025

Many defendants in California can secure a release pending trial by posting bail. However, bail is not always affordable for all individuals. In California, recent legal developments require courts to consider a defendant’s financial situation before determining bail. This change follows the significant ruling in re Humphrey ruling.

It mandates that judges evaluate non-monetary alternatives for pretrial release before imposing cash bail. Despite this reform, cash bail is still widely used across the state. Defendants need to understand the range of alternatives available. They include options like supervised pretrial programs or electronic monitoring.

However, when these alternatives are not approved, bail bonds are vital in securing a defendant’s release from custody. If you are in this predicament, consult a reliable bail bonds company.

Pretrial Services as an Alternative to Bail

Pretrial services are court-administered programs to manage and supervise defendants released before trial. Their primary goals include:

• Ensuring court appearances. A primary function of pretrial services is to help defendants appear in court for their legal proceedings. These programs operate in two key ways. First, they use risk assessment tools to provide judges with information to help make release decisions. Second, released defendants ensure court appearances through supervision methods like regular check-ins and court date reminders.
• Protecting public safety. Pretrial services assess a defendant's potential risk to the community if released. Based on this evaluation, appropriate supervision levels are recommended. The goal is to balance the rights of the accused with the need to safeguard the public.
• Providing support services. Many defendants face challenges such as addiction, mental illness, or unstable housing, which can contribute to criminal behavior. Pretrial services connect individuals with necessary resources. They include drug rehabilitation programs, mental health counseling, and temporary housing.

These services aim to tailor pretrial release conditions to individual circumstances. They offer a more equitable and evidence-based approach than traditional bail.

Types of Pretrial Release in California

In California, several types of pretrial release serve as alternatives to bail. These options allow a person to stay out of jail before trial while ensuring they return to court. Judges choose the best option based on the crime, the person’s background, and whether they are a flight risk or danger to the public. Standard pretrial release options include:

Own Recognizance (OR) Release

With an OR release, a defendant secures a release from jail based on their promise to return to court. No monetary commitment is necessary with a recognizance release. The option is given for non-violent or low-level offenses. The defendant must agree to follow all court orders and attend every hearing.

House Arrest and Electronic Monitoring

House arrest is one of the pretrial release options in which defendants are confined to their homes during certain hours or around the clock. The house arrest is enforced through electronic monitoring (EM), which includes devices like GPS ankle bracelets.

Sometimes, the court permits house arrest or electronic monitoring at release time. The defendant must remain home, except for work, school, or medical appointments as approved. They are monitored 24/7 to ensure compliance with court orders. House arrest often applies in cases where the defendant is at moderate risk but can be released safely.

When comparing house arrest vs. bail, courts consider factors such as flight risk and public safety. In some cases, house arrest vs. bail decisions hinge on whether constant monitoring is necessary or a financial guarantee is enough to ensure the defendant’s appearance in court.

House arrest is a viable alternative to bail when used fairly and effectively. However, it has faced criticism and limitations, which include:

• Privacy concerns. Critics argue that electronic monitoring can feel invasive and punitive.
• Costs to defendants. In many counties, individuals must pay fees for electronic monitoring. The cost can be burdensome for low-income defendants.
• Technical failures. Issues with equipment or coverage can result in wrongful violation reports.

Supervised Release

Supervised release refers to a defendant securing a release before trial but being subject to various conditions. They might have to report periodically to a pretrial services officer. Sometimes they must remain in a particular zone or be subject to other limitations. This form of release is frequently applied when “the judge finds that some supervision is warranted, but that jail is not appropriate.

Citation Release

Citation release is a standard pretrial release option. It happens when police give a ticket or citation instead of booking the person into jail. The person receives a date on when to appear in court. Citation release is common for minor offenses like traffic violations or petty theft. It saves time and resources and keeps jails from getting overcrowded.

These pretrial release options aim to keep people out of jail. They allow the justice system to be fair, especially for those who can’t afford bail. Pretrial release aims to reduce dependence on money-based decisions, although some options may still involve monitoring fees or associated costs. When used properly, these alternatives reduce jail populations while protecting public safety.

Factors Affecting the Court's Decision on Pretrial Release and House Arrest

In California, when someone faces an arrest, the court has to decide if they can go home while they wait for their trial. While some defendants must post bail for release, there are alternatives to bail. They include house arrest, pretrial services, and own recognizance release. California’s legal framework grants judges significant discretion in setting bail and determining pretrial release conditions. These factors include:

Risk to Public Safety

One of the most important factors is whether a defendant is a danger to others. If you have a history of violence or the crime was serious, like assault or robbery, the court may consider you a risk. Judges want to make sure that the community is safe. If they think you might hurt someone else or commit another crime while out, they may deny bail or release.

On the other hand, if you are a non-violent offender charged with a minor offense, the judge may allow your release without bail. After the release, you can enter a pretrial program.

Flight Risk

Another key factor when ordering a pretrial release without bail is whether the person identified is likely to return to court. If you have skipped court before or have no strong ties to the area, the judge might deem you a flight risk.

Things like having a steady job, going to school, or having family nearby show that you are more likely to stay and face trials. The judge may approve your pretrial release if they are confident that you will not flee after the release.

The Seriousness of the Crime

Not all defendants can benefit from pretrial services. The more serious the charge, the more likely the court will need bail or deny release. Crimes like murder, sexual assault, or armed robbery are severe. For these offenses, judges may decide that you should remain in custody.

If the judge grants bail, they set a high amount and strict conditions. For minor offenses, the court often allows release without any payment. The goal is not to punish but to ensure the person shows up for trial.

Criminal History

A person’s past also matters when setting bail and determining eligibility for house arrest vs. bail. If you have a lengthy criminal record, the judge may worry that you will break the law again after your release. Even if the current charge is small, a history of repeat offenses can make the court cautious.

In this case, you may not be eligible for pretrial services. Instead, the court will order your release only after posting bail. If you are a first-time offender, the judge will more likely release you without bail and ensure you benefit from pretrial services.

Community Ties and Support

Strong ties to the community are a good sign. If someone lives in the area, has family and friends nearby, and has responsibilities, the court sees them as more stable. The support system helps show that the person is less likely to flee or get into trouble again. If someone is homeless or does not have many connections, the court may be more hesitant to release them without bail.

Ability to Follow Rules

Judges also consider whether the person can follow the rules the court sets before a pretrial release. It includes things like:

• Checking in regularly
• Staying away from certain people or places
• Going to counseling

If the court believes the person will follow these rules, the judge will likely allow pretrial release. Supervised release involves court-ordered monitoring before trial, which may resemble probation-like conditions but applies before guilt has been established.

A release before trial aims to ensure fairness while maintaining public safety. Pretrial release has nothing to do with money. It’s about trust and responsibility and risk. The court considers a variety of factors to arrive at what is deemed the best outcome for the accused defendant and the community.

Benefits of Pretrial Release and House Arrest as Alternatives to Bail in California

California is moving away from cash bail and toward fairer options like pretrial proceedings and house arrest. These alternatives aim to reduce unfair treatment, lower jail populations, and improve outcomes for individuals and communities. The benefits of these alternatives to bail include:

Promotes Fairness and Reduces Economic Discrimination

Cash bail often punishes people for being poor. Wealthy individuals can pay to secure even for serious crimes. However, low-income people may stay in jail for minor offenses because they cannot afford bail. Pretrial release and house arrest do not rely on money. Instead, they focus on risk and community safety. They create a more equal system where decisions are not based on income.

Reduces Jail Overcrowding

Many California jails are full of people who have not been convicted. Although some defendants are in jail due to bail denial, some remain behind bars due to a lack of money or property to post bond. Using pretrial monitoring or house arrest helps reduce that number.

Non-violent or low-risk people can stay at home while their case moves forward. That opens up jail space, cuts government costs, and reduces overcrowding. It also helps jail staff focus on higher-risk detainees.

Supports Rehabilitation and Reduces Recidivism

When defendants secure a release under supervision, they can access help. This might include court date reminders, mental health treatment, or drug rehabilitation. These services can make a big difference. People can keep their jobs, care for their families, and get support instead of sitting in a cell. That stability helps them stay out of trouble and avoid future arrests.

Improves Court Appearance Rates

The purpose of bail is to ensure court appearances. But it does not always work. Individuals can bail out and miss their hearing. Courts use electronic monitoring or text reminders for house arrest or pre-trial programs. Such methods incentivize defendants to attend court. They often function much better than bail and come without the assumption that someone can afford to pay.

Enhances Public Safety Through Risk-Based Decisions

A cash bail system does not necessarily safeguard the public. A wealthy, unsafe person may remain free, while a safe, poor person is in jail. Pretrial assessments apply risk assessments rather than financial capacity.

They assess prior behavior, risk of flight, and safety. This helps judges to be more informed in their decisions. High-risk individuals remain in custody, while lower-risk individuals can be released under surveillance.

Find Expert Bail Bond Services Near Me

The bail system in California has faced criticism for creating deep inequalities. It often punishes low-income individuals and communities of color simply for lacking financial resources. The state is shifting toward alternatives like pretrial services and house arrest as part of reform efforts. You may not need a monetary commitment to secure a release with these alternatives.

Pretrial services offer viable, cost-effective bail alternatives, especially for low-risk individuals. When properly implemented, these tools promote public safety and court compliance. Additionally, they reduce unnecessary incarceration and financial discrimination. However, some challenges, like disparities in access and the need for systematic investment, must be addressed.

If you are ineligible for pretrial release, you will need bail to secure a release. At Alana's Bail Bonds, we offer our clients fast, reliable, and affordable bail bond services. Our bail bondsmen are available 24/7 to handle your case. Contact us at 619-468-9333 today to discuss your bail needs.