Updated October 2026 | The Bulldog Law | California Criminal Defense
A bail bond is a licensed bail agent's written guarantee to the court that the full bail amount will be paid if the defendant fails to appear. The defendant, or more often a family member, buys that guarantee for a premium, in California almost always 10 percent of the bail, which is never refunded, and usually signs a contract making them liable for the full amount plus costs if the defendant disappears, often secured by collateral: a car title, a deed of trust, a savings account. The agent posts the bond, the jail releases the defendant within hours, and the bond stays in force until the case ends, when it is exonerated. If the defendant misses a court date, the court forfeits the bond, the agent has 180 days to return the defendant before paying, and the cosigner and the collateral are on the line. The alternatives, release on your own recognizance, a reduced bail, or cash bail that comes back at the end, are frequently better than a bond, and whether to buy one is a decision made with a lawyer, not at the bail agent's counter.
The Bulldog Law's attorneys are asked about bail bonds in the first phone call of most cases, usually by a parent, spouse, or sibling who has already spoken to an agent and been quoted a number. The agent's job is to sell the bond; our job is to get the client out at the lowest cost and the least risk, and those are not the same thing. A bond bought at the jail on a schedule bail of $100,000 costs $10,000 that is gone forever; the same client at arraignment the next morning, with counsel, may be released on their own recognizance or on a bail a fraction of that size. What follows is how the bond transaction works, what the cosigner is agreeing to, what the agent can do, what forfeiture means, and when a bond is the right choice. Call (888) 928-1609 or message our team before you sign.
Bail, cash bail, and bail bonds
Bail is the amount a court requires as security for a defendant's return. Every California county publishes a bail schedule listing amounts by offense, the jail applies it at booking, and a judge may raise, lower, or eliminate it at arraignment; our page on California bail laws covers how the amount is set and argued. Bail can be posted three ways. Cash bail: the full amount deposited with the court, returned in full at the end of the case if every appearance was made, as our page on getting bail money back explains. A property bond: equity in real estate pledged to the court, rarely used because the court requires equity of twice the bail and the process takes weeks. And a bail bond: the agent's guarantee, bought for a premium.
The bond is the most common because few families have the full amount in cash. It is also the most expensive, because the premium is a fee, not a deposit. A $25,000 bail posted in cash costs nothing if the defendant appears; the same bail posted through a bond costs $2,500 that is never returned, whether the case is dismissed the next week or tried a year later. The decision between the two, and between either and arguing for release without bail, is the first financial decision in a criminal case.
The transaction
The premium. California bail agents are licensed by the Department of Insurance and operate under a surety insurance company's filed rates. The standard filed rate is 10 percent of the bail; many sureties also file an 8 percent rate for defendants who are represented by a private attorney, are members of a union, or are military or veterans, and an agent must offer the lower rate when it applies. An agent may not charge above the filed rate, may not add fees for services not performed, and may not charge interest on a payment plan beyond what the plan discloses. Agents compete on payment terms rather than price, and a plan with a small down payment is common; the balance is still owed.
The indemnity agreement. The person who arranges the bond, the indemnitor or cosigner, signs a contract with the agent agreeing to pay the full bail amount, plus recovery costs, attorney's fees, and interest, if the bond is forfeited. The defendant usually signs as well. The contract typically also authorizes the agent to locate and surrender the defendant, to communicate with the cosigner about the defendant's compliance, and to retain the collateral until exoneration. Cosigners sign at the jail, at night, under pressure, and most have not read what they signed; our attorneys read it with them before they do.
Collateral. For larger bonds the agent requires security: a vehicle title, a deed of trust on a home, cash, or jewelry. The agent must give a written receipt describing the collateral, must hold it in trust, must return it within a set period after exoneration, and may not sell or use it unless the bond is forfeited and the forfeiture becomes final. A cosigner who signs a deed of trust has placed the home at risk for someone else's court appearances, which is the decision to think hardest about.
Posting and release. The agent files the bond with the jail or the court, and the defendant is released, typically within a few hours of posting at the jail. The bond lists the court date, and the agent will require the defendant to check in. Under Penal Code 1287, the bond's terms are set by statute, and our page on bail bonds under Penal Code 1287 covers the statutory requirements.
While the bond is in force
The bond continues through every stage of the case, arraignment, preliminary hearing, trial, and sentencing, unless the court increases bail, in which case a new or additional bond is required, or the defendant is remanded. The agent may impose conditions on the defendant as a matter of contract, check-ins and notice of travel, and may surrender the defendant to custody at any time under Penal Code 1300 if the agent believes the risk has changed, with the premium forfeited unless the surrender was without good cause. A cosigner who no longer wishes to be liable, because the defendant has stopped answering calls or has said they will not return, can ask the agent to surrender the defendant; the cosigner's liability ends when the defendant is back in custody, and the premium is not returned.
The agent is not the defendant's advocate. The agent's interest is in the defendant's appearance, and agents report non-compliance, cooperate with prosecutors, and surrender clients who become risks. Conditions of release ordered by the court, a protective order, electronic or alcohol monitoring, drug testing, are separate from the bond and enforced by the court; violating them leads to revocation of release regardless of the bond.
Forfeiture: when the defendant misses court
Under Penal Code 1305, when a defendant fails to appear without sufficient excuse, the court declares the bail forfeited and issues a bench warrant. The clerk mails notice to the agent and the surety, and a 180-day period begins, extended by five days for mailing, during which the forfeiture can be set aside if the defendant appears or is returned to custody, voluntarily or by the agent. During that period the agent, and bail recovery agents, bounty hunters licensed under Penal Code 1299 and following, who may arrest the defendant without a warrant under the bond contract, search for the defendant. The agent may also obtain one extension of up to 180 days on a showing of good cause and diligence.
If the defendant is not returned within the period, the forfeiture becomes final, the court enters judgment against the surety for the full bail, and the surety pays the court. The agent then collects from the cosigner under the indemnity agreement: the full amount, the recovery costs, and the fees, by demand, by suit, and by taking the collateral. A cosigner on a $100,000 bond whose brother fled owes $100,000 plus costs, which is the number that should be in mind when signing.
Relief exists. Penal Code 1305(c) and (d) provide for setting aside the forfeiture where the defendant was returned, where the defendant was in custody elsewhere, where the defendant was unable to appear due to illness, disability, or detention and the agent shows it, and where the defendant was deported. A defendant who missed court because of a hospitalization or an arrest in another county has a basis for relief that protects the cosigner, and our attorneys move for it; the related rules for defendants on probation who disappear are on our absconding page. Failure to appear is also a crime in its own right, under Penal Code 1320.5 for a defendant on bail, a felony on a felony case, and the defendant who returns faces both the original charge and the new one.
Exoneration: when the bond ends
The bond is exonerated when the case ends: on acquittal, dismissal, or sentencing, and in some circumstances on a plea. Exoneration releases the surety and the agent from the guarantee, and triggers the agent's duty to return the collateral, generally within 30 days of the request. The premium is not returned at exoneration; it was earned when the bond was posted. A case that is dismissed at the first court date costs the full premium. If the defendant is sentenced to custody, the bond is exonerated when the defendant is remanded; if the defendant is placed on probation, the bond is exonerated at sentencing and does not continue through probation.
When a bond is the right choice, and when it is not
A bond makes sense when bail has been set at an amount the family cannot post in cash, when the defendant is in custody and the next court date is days away, and when the alternatives have been considered. The alternatives are often better. At arraignment, usually within two court days of a warrantless arrest, a judge decides release with counsel present, and under the California Supreme Court's decision in In re Humphrey the judge may not set bail at an amount the defendant cannot afford without finding that nothing less restrictive would protect the public and ensure appearance. Our attorneys argue for own recognizance or supervised release at that hearing in most cases, and for a bail far below the schedule in the rest; a client released on OR has paid no premium, and a client whose bail is reduced from $100,000 to $20,000 has saved $8,000 on the bond. Posting the schedule bail at the jail on the night of the arrest, before any of that, is the most expensive way to get out, and it is the way most families choose because the agent is there and the lawyer is not yet. Our page on bail and pretrial detention rights and the overview on how a person can be released while a case is pending cover the options, and the arraignment page covers what happens at that hearing.
Two groups should be especially careful. A defendant with an immigration hold will be transferred to federal custody when released from the county jail, and the premium buys nothing; our immigration attorneys check for a detainer before any bond is bought. And a cosigner who is being asked to pledge a home for a defendant with a history of missing court is being asked to take the agent's risk for the agent, and should understand that the agent will come for the house.
California has debated replacing money bail for a decade. Senate Bill 10, which would have eliminated cash bail in favor of risk assessment, was passed in 2018 and rejected by voters in 2020. Humphrey and the expansion of pretrial services have reduced the role of money bail without abolishing it, and bail bonds remain the way most defendants who cannot pay cash are released. The Department of Insurance regulates agents and accepts complaints about bail agents who overcharge, withhold collateral, or misrepresent terms.
Frequently asked questions
How do bail bonds work?
A bail bond is a promise by a licensed bail agent, backed by an insurance company, to pay the full bail amount to the court if the defendant does not appear. In exchange, the defendant or a family member pays the agent a non-refundable premium, in California normally 10 percent of the bail, and often signs over collateral. The agent posts the bond, the jail releases the defendant, and the bond stays in force until the case ends. If the defendant appears at every court date, the bond is exonerated and the agent's obligation ends; the premium is never returned.
How much does a bail bondsman charge in California?
The premium is set by the insurance company's filed rate, which is 10 percent of the bail for nearly every California bail agent; some file an 8 percent rate for defendants represented by a private attorney, union members, or military. On a $50,000 bail, the premium is $5,000, paid up front or on a payment plan, and it is the agent's fee for taking the risk. Agents may not legally charge more than their filed rate, and they may not charge for returning collateral.
What is the difference between bail and a bail bond?
Bail is the amount the court sets to secure a defendant's appearance. A defendant who pays it in cash gets all of it back at the end of the case if every court date was kept. A bail bond is a way of posting that amount through a bail agent for a fee: the agent guarantees the full amount, the defendant pays 10 percent and gets none of it back. Cash bail costs nothing if the defendant appears; a bond costs the premium regardless.
What happens if you skip bail?
The court forfeits the bond, issues a bench warrant, and gives the bail agent 180 days to return the defendant before the agent has to pay the full amount. The agent, or a bail recovery agent working for the agent, is authorized to locate and arrest the defendant. The cosigner becomes liable to the agent for the full bail amount plus recovery costs, and any collateral is kept. Failing to appear is also a separate crime under Penal Code 1320.5, a felony on a felony case.
Does a cosigner have to pay if the defendant misses court?
Yes. The cosigner, called the indemnitor, signs a contract agreeing to repay the agent for the full bail amount and all costs if the bond is forfeited. If the defendant misses court and is not returned within the forfeiture period, the agent pays the court and collects from the cosigner, including by taking the collateral. A cosigner who believes the defendant is about to flee can ask the agent to surrender the defendant to custody, which ends the cosigner's exposure.
Related reading from our attorneys
- California bail laws: what defendants need to know
- Do you get bail money back?
- Own recognizance release in California
Before you buy a bond, ask what the arraignment could do instead
The Bulldog Law's defense attorneys argue for release without bail, for reduced bail, and for conditions in place of money at arraignments and bail hearings across California, and advise families on bond contracts before they sign. Visit our criminal defense page, call (888) 928-1609, or reach us online.