If you're trying to bail a family member out of a California jail right now, you don't need a law review — you need to know whether cash bail still exists, what the judge will look at, and what you'll pay. This article answers all of that plainly, using the actual statutes that apply to your situation.
In 2018, the California Legislature passed Senate Bill 10, which would have replaced the entire cash bail system with an algorithmic risk-assessment model. Under SB 10, a computer score — not a bail amount — would have determined whether someone was released pending trial. Bail bondsmen would have been eliminated entirely.
The bail industry and civil liberties groups (for different reasons) fought back. The result was Proposition 25, a November 2020 referendum asking voters to either ratify SB 10 or repeal it. Voters rejected Proposition 25 by 56% to 44%. Cash bail in California survived.
That result matters today because it is the definitive answer to the most common question families ask us: "Is bail still a thing in California?" Yes — it is, in every county, for every charge that carries a bail amount under the applicable bail schedule.
Bottom line: As of March 2026, California still operates a traditional cash bail system. A judge sets a dollar amount at arraignment. A licensed bail bondsman posts a surety bond for 10% of that amount. The defendant is released pending trial.
California Penal Code § 1275 is the core statute governing how judges set bail. It was last amended in 2021 following a California Supreme Court ruling (In re Humphrey, 2021) that held judges must consider a defendant's ability to pay before setting a cash bail amount that would effectively keep them detained.
Under PC 1275, a court must weigh all of the following before setting bail:
What PC 1275 does not do is eliminate bail. It requires judges to think carefully before setting an amount that is effectively a detention order by another name. In practice, most defendants with any financial resources — or family willing to post — still pay 10% to a licensed bondsman and go home.
California Penal Code §§ 1268 through 1305 govern the bail forfeiture process. This is the legal machinery that kicks in when a defendant fails to appear (FTA) for a scheduled court date. Understanding it matters because it explains why bail bondsmen take FTAs seriously — and why they will pursue a defendant who skips.
When a defendant misses a court date, the judge immediately declares the bail forfeited on the record. The court clerk mails a Notice of Forfeiture to the bail agent. From that date, the bondsman has 185 days (six months plus 30 days' mail time, per PC 1305(b)) to either:
If the bondsman cannot locate and produce the defendant within 185 days, a Summary Judgment is entered against the surety company backing the bond. The full bail amount — not the 10% premium, the full amount — becomes due to the county.
This is why professional bail recovery agents (sometimes called bounty hunters) exist and why California law, under PC 1299 and related sections, permits bondsmen to apprehend and return a defendant without a warrant in certain circumstances. The financial stakes for the surety are real: a $100,000 bond that forfeits costs the surety $100,000, not $10,000.
For families: If your loved one is released on bond and then fails to appear, the bondsman will come looking. The 185-day forfeiture clock is not a technicality — it drives aggressive recovery efforts. Always make sure the defendant understands their court date obligations before posting bond.
One of the most confusing aspects of California bail law for families is that bail amounts are not uniform statewide. Each county's Presiding Judge adopts an annual bail schedule setting presumptive bail amounts for every charge. Judges can deviate up or down at arraignment based on the individual circumstances — but the schedule is the starting point.
The practical result: someone arrested for assault with a deadly weapon in Orange County faces $25,000 presumptive bail. The same charge in Los Angeles County or San Bernardino County is $50,000. That difference is $2,500 versus $5,000 out of pocket for the bond premium — a significant number for most families.
| Charge | Los Angeles | Orange County | San Diego | San Bernardino | Riverside |
|---|---|---|---|---|---|
| DUI — 1st offense | $5,000 | $5,000 | $2,500 | $5,000 | $5,000 |
| Domestic Violence (PC 273.5) | $50,000 | $50,000 | $50,000 | $50,000 | $50,000 |
| Assault w/ Deadly Weapon | $50,000 | $25,000 | $30,000 | $50,000 | $50,000 |
| Drug Possession (felony) | $20,000 | $20,000 | $10,000 | $15,000 | $15,000 |
| Robbery (PC 211) | $100,000 | $100,000 | $75,000 | $100,000 | $100,000 |
| Murder (PC 187) | $2,000,000 | $1,000,000 | $1,000,000 | $1,000,000 | $1,000,000 |
Source: County Superior Court bail schedules (2025–2026). Presumptive amounts. Judges may adjust at arraignment.
San Francisco County has gone further than most, with prosecutors in the DA's office regularly recommending OR release rather than cash bail for a wide range of charges. Los Angeles County implemented a zero-dollar bail schedule for most lower-level misdemeanors and infractions in recent years. These are local policy choices — not state law changes — and they exist alongside the traditional bail system for felonies and serious charges.
California Penal Code § 1318 governs release on own recognizance. An OR release means the defendant signs a written promise to appear at all required court dates — no money, no bond, no surety. The court releases the person based solely on their word and circumstances.
Courts consider OR release most favorably when the defendant has:
OR release is more common in Northern California counties and for lower-level charges. It is rare for violent felonies, domestic violence cases with mandatory hold periods, charges with a documented history of flight, or cases where the defendant has prior FTAs on record.
Many defendants who qualify for OR release on paper are still denied it because the judge, the DA, or the court's own pretrial services department recommends against it. In those cases, the family needs a bondsman — not a better argument.
As of early 2026, the California bail system is best described as traditional bail intact, with county-level modifications at the margins.
What has not changed:
What has changed at the edges:
The net result for most families dealing with a felony arrest anywhere in California is unchanged: the judge will set a bail amount at arraignment, and the most affordable path to release is a licensed surety bond at 10% of that amount.
California Insurance Code § 1800.4 caps the bail bond premium at 10% of the total bail amount. A few bail bondsmen are authorized to charge a reduced 8% rate for clients who meet specific qualifying criteria (military service, union membership, represented by an attorney). The premium is non-refundable — it is the fee for the bondsman's service of posting the full bond amount.
Here is what that looks like in practice across common bail amounts:
If you were to post bail directly in cash — without a bondsman — you would need to bring the full $50,000 or $100,000 to the jail clerk. That money is returned after the case ends, assuming all appearances were made, but it is entirely out of pocket while the case is pending, which can take months or years. Most families do not have access to that kind of liquidity. A surety bond through a licensed California bondsman is not just the traditional option — for the overwhelming majority of families, it is the only practical option.
Angels Bail Bonds also offers flexible payment plans and zero-down options for qualifying clients. We have been helping California families since 1958. One call gets the process started regardless of which county the arrest occurred in.
Our licensed agents are available around the clock — all 58 California counties, all jails. Free consultation, no obligation.
(626) 478-1062Angels Bail Bonds — License #1K06080 — Licensed and insured since 1958. Available 24/7, 365 days a year. Hablamos Español.
