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Bond premiums in California are commonly about 10% of the bail, sometimes less. The premium is the bond agent’s fee and is not refunded.
Ways out of custody
- Citation release. For many misdemeanors, police issue a citation and release you on a written promise to appear (Penal Code § 853.6).
- Own recognizance (OR). A judge, or a pretrial services program, can release you without bail on your promise to return to court, sometimes with conditions (Penal Code § 1270).
- Bail. Each county’s Superior Court sets a bail schedule listing amounts for common charges (Penal Code § 1269b). Amounts vary from county to county.
Bail hearings and ability to pay
A judge can raise, lower or deny bail. Since the California Supreme Court’s 2021 decision in In re Humphrey, judges must consider a person’s ability to pay and less restrictive alternatives before keeping someone in custody only because they can’t afford bail. A prepared request for release, with information about work, family and ties to the community, can make a real difference.
Cash bail or a bond
Cash bail is paid in full to the court and is generally returned at the end of the case if every court date is kept. A bail bond costs a non-refundable premium, and the bond agent guarantees the full amount. If someone misses court, bail can be forfeited (Penal Code § 1305), and whoever signed for the bond can be responsible for it.
What family members can do
- Find where the person is held using the county sheriff’s online inmate locator, and note the booking number.
- Don’t discuss the case on jail phones or during visits. Those calls and visits are recorded.
- Call or text Eric. If someone is in custody, he is generally willing to meet with family or friends first.
- Gather information that supports release: job, school, family responsibilities and how long the person has lived in the area.
- Before paying a bond agent, ask what the premium is, whether collateral is required and what happens if the case is dismissed.
Law cited: Penal Code §§ 853.6, 1269b, 1270, 1305. Last reviewed October 2026.
General information, not legal advice. Every case is different.