Bail Versus Bond - There Is a Difference

Your bail is the amount of cash, property, or bond that you must give the court as a guarantee you will show up for your court hearing. By paying the amount of bail set by the court or posting the required bond, you will be able to be released from jail until the date of your hearing. You’ll find out how much your freedom will cost once you have your initial appearance or arraignment before a magistrate or judge.

At your arraignment or first appearance, you learn the following:

• Pending charges
• Penalties associated with the charges
• Your rights to counsel and more

If you enter a not guilty plea, the judge will schedule your court hearing date. The court will then either release you with your promise to appear on the date and time of your scheduled hearing, set bail, or refuse to set bail.

There are two basic ways the first-appearance judge will set bail. The first way is through a bail schedule maintained by the courts.

A bail schedule is a list of pre-set amounts of required bail amounts based on charges against you. The schedules are compiled and distributed by a bail committee within the county annually, utilized to create continuity throughout the courts.

Using this as a guide, the judge will also consider your prior criminal history and any previous failures to appear in court. The judge also has the discretion to reduce the bail schedule amount if they do not feel you pose a high risk.

The second way the judge will determine your bail is by following the guidance provided in California Penal Code Section 1275. Following this, the court will consider:

• The protection of the public
• The seriousness of your crimes
• Any alleged threats to victims or witnesses
• Any use of deadly weapons
• Any current probation or parole status
• Any previous failures to appear in court

Once bail is set, you will receive the option of posting the amount of your bail with the court in exchange for your release. If you cannot post this total amount, you may post a bail bond.

A bail bond is a promise or obligation to pay the court the full bail amount if you fail to meet any of the conditions the magistrate has set at your first appearance. A bail bond company generally posts a bail bond in exchange for a non-refundable fee of seven to ten percent fee in California. This fee is called a premium.

 

The company may also require additional collateral to guarantee the bond. Once your trial takes place, and you meet the conditions of your release, this collateral will be returned. Once the company receives the premium, along with any additional collateral the company may require in exchange for posting your bond, they will pay the bail premium, or a percentage of the bail, as set by the court.

Unfortunately, most bails aren't cheap. The premium you pay a bail bondsman is just a small amount of what you would have to post out of your pocket if you were attempting to post the entire bail on your own behalf.

For example, if your bail is $100,000, and you use the services of a bail bondsman, you only have to have $7,000 - $10,000 (seven-ten percent) to be released compared to the total $100,000.

Don't spend time in jail when you don't have to. Cal Bail Busters and get released. We will get you out as quickly as possible so you can get on with your life.