Can You Bail Someone Out on a Warrant Arrest?

In most cases, yes. When a judge issues a warrant for a bailable offense, the judge usually writes a bail amount on the warrant itself, and that amount can be posted in cash or with a bail bond after the person is arrested or turns themselves in. The exceptions are warrants marked "no bail," and cases where other holds keep the person in custody.

Bench warrants vs. arrest warrants

Families often hear "there's a warrant" without knowing which kind. The difference matters.

Arrest warrants

An arrest warrant is issued when a judge finds probable cause that a person committed a crime, usually before they've been arrested or charged in court. It starts a new case. Under Penal Code 815a, when a judge issues an arrest warrant for a bailable offense, the judge must set the bail amount and endorse it on the warrant: "The defendant is to be admitted to bail in the sum of ____ dollars."

Bench warrants

A bench warrant is issued "from the bench" in a case that already exists, most often because someone missed a court date. Penal Code 978.5 allows a bench warrant when a person fails to appear after being ordered to, after being released on bail or their own recognizance, or after signing a promise to appear on a citation. Bench warrants can also follow other violations of court orders.

Missing court while out on bail can also cause the existing bond to be forfeited. If that's your situation, contact the bail agent who wrote the original bond right away. Our article on co-signing a bail bond explains how forfeiture works.

How much is bail on a warrant?

Usually, it's the amount written on the warrant. Under Penal Code 1269b, if the person hasn't yet appeared before a judge on the charge, bail is the amount set in the warrant. If no warrant was issued, the county's bail schedule applies. Once the person has appeared in court, the amount the judge sets controls.

The amount on a warrant can be different from the bail schedule. Riverside County's 2025 bail schedule, for example, says it "is not for mandatory use in setting bail where a warrant is issued." In those cases, the judge sets bail at their discretion under Penal Code 1275. On a bench warrant for a missed court date, the judge may set an amount different from the original bail, since a person's record of appearing in court is one of the things judges weigh under Penal Code 1275.

Some warrants say "no bail." In that case, the person stays in custody until they see a judge, who decides whether to release them and on what terms.

Out-of-county warrants

Warrants are statewide. Someone can be picked up in San Bernardino County on a warrant from Orange County, or stopped in San Diego on a warrant from Los Angeles. California law sets out what happens next.

For felony warrants, Penal Code 821 says:

• The arresting officer must tell the person in writing that they have the right to be taken before a judge in the county where they were arrested.
• If they ask, that judge must admit them to bail in the amount on the warrant and order them to appear in the issuing court within 25 days.
• They can also be released on the bail amount set on the warrant without seeing a judge.
• If the warrant has no bail, or bail isn't posted promptly, the issuing county is notified and generally must pick the person up within five days (five court days if it's more than 400 miles away).

For misdemeanors, Penal Code 1270 says a person who appears on an out-of-county warrant from a misdemeanor-only case is presumed eligible for own-recognizance release, unless the court finds on the record that release would compromise public safety or wouldn't reasonably assure their return to court.

For families, the key point is that posting bail locally can sometimes avoid a transfer to the other county's jail. A bail agent can check the warrant amount and whether bail can be posted where the person is being held. You'll still need to make sure they go to the court that issued the warrant.

Handling a warrant before an arrest

If you know there's a warrant, waiting to be stopped by police usually isn't the best plan. An arrest can happen at work, during a traffic stop, or at home in front of family. Many people choose to deal with it on their own terms.

Talk to a criminal defense attorney first

An attorney can look up the warrant, find out the bail amount, and sometimes ask the court to recall the warrant and set a new court date. Depending on the court and the case, the attorney may be able to arrange for the person to appear without being taken into custody. That isn't guaranteed, and it depends on the judge and the charge.

Arrange bail before the surrender

If the person will be booked, it helps to have bail lined up first. With a bail agent ready, the bond can be posted soon after booking, which can shorten the time in custody. This is often called a "walk-through," and how quickly it moves depends on the jail and how busy it is.

Bring the right things

• A government-issued photo ID
• Any case number, citation, or court paperwork
• Your attorney's and bail agent's phone numbers

Leave valuables at home. Expect booking to take time, even with bail arranged ahead.

Things that can delay release on a warrant

• Multiple warrants. Each one may need to be cleared separately, sometimes in different counties.
• Probation or parole holds. A hold can keep someone in jail even after bail is posted. See our guide on bail for probation and parole violations.
• Immigration or other agency holds. These can also affect release.
• No-bail warrants. The person waits to see a judge.

What happens after release

Release on a warrant comes with a court date. That date is the most important thing on the paperwork. Missing it can lead to another bench warrant, a forfeited bond, and a harder time getting released next time. Put the date in your phone, set reminders, and plan the ride there.

If bail is posted with a bond, premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available. Learn more about how bail works.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

Need help now?

OnCall's licensed bail agents answer 24/7, in English and Spanish. We can check a warrant's bail amount, help plan a surrender, and let you sign from your phone. Call (951) 339-3801 or start bail online.