Cash Bail vs. Bail Bond vs. Property Bond

In California, there are three common ways to post bail: pay the full amount in cash to the court, use a bail bond from a licensed bail agent, or pledge real estate as a property bond. Cash bail can be returned when the case ends, a bail bond costs a nonrefundable premium but much less up front, and a property bond requires equity worth at least twice the bail amount plus a lot of paperwork.

Which one makes sense depends on how much money you have available, how fast you need the person out, and how much risk you are comfortable with.

Option 1: Cash bail

How it works

Under California Penal Code section 1295, the defendant or anyone else can deposit money with the court instead of using a bail bond. The deposit is the full bail amount set by the judge or, if there is no order yet, the county's bail schedule. The person who pays gets a receipt in their name, and once the deposit is made, the defendant is released.

Getting the money back

Cash bail is meant to come back when the case is over and the bail is exonerated (released by the court), as long as the defendant made every required court appearance. But there are important details:

• If the defendant paid the cash bail: Penal Code section 1297 says that if a fine is imposed while the money is still on deposit, the court applies the deposit to it. Restitution, fines, and costs are paid first, and only the surplus goes back to the defendant.
• If someone else paid the cash bail: After exoneration, the money is returned within 10 days after the depositor makes a claim with their receipt. If no claim is made within 10 days of exoneration, the clerk must notify the depositor.
• If the defendant misses court: The cash can be forfeited, although California law generally allows 180 days (plus five days when notice is mailed) to fix a forfeiture by getting the defendant back to court.

Pros and cons

• Pro: No premium. If everything goes right, the money comes back.
• Pro: No contract with a bail company.
• Con: You need the full bail amount, which can be tens of thousands of dollars or more.
• Con: The money is tied up until the case ends, which can take months or longer.
• Con: If the defendant is the depositor, fines and restitution may come out of it first.

Option 2: Bail bond

How it works

A bail bond is a promise to the court, backed by a surety company and posted by a licensed bail agent, that the full bail amount will be paid if the defendant does not appear. Instead of paying the full bail yourself, you pay the bail agent a premium.

In California, premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available. A co-signer (sometimes called an indemnitor) usually signs the agreement, and some bonds require collateral. Our guide on bail bond costs in California explains pricing in more detail, and co-signing a bail bond explains what a co-signer agrees to.

What comes back

The California Department of Insurance states that bail bond premiums are nonrefundable, even if charges are dropped or never filed. The premium is the cost of the service. If collateral was pledged, it is returned after the bond is exonerated and the obligations it secured are satisfied.

Pros and cons

• Pro: Much less money up front than cash bail.
• Pro: Usually the fastest option, since a bail agent can post the bond as soon as paperwork is done. Paperwork can often be signed from a phone.
• Pro: Payment plans can make it manageable.
• Con: The premium does not come back.
• Con: The co-signer takes on responsibility if the defendant does not appear.

Option 3: Property bond

How it works

Penal Code section 1298 allows a person to offer equity in real estate they own instead of cash. The court holds a hearing to value the equity. The law says bail is allowed if the equity is "equal to twice the amount of the cash deposit required." So for $50,000 bail, you would need at least $100,000 in equity.

Courts set their own procedures, and they can be detailed. For example:

• The Orange County Superior Court instructions require equity of at least twice the bail after subtracting the homestead exemption, along with a notarized undertaking, a deed of trust naming the court clerk as beneficiary, a promissory note, a certified copy of the grant deed, a recent appraisal from a California-licensed appraiser, and a preliminary title report.
• The San Diego Superior Court packet also requires equity of twice the bail, an appraisal dated within six months of the hearing, a preliminary title report dated within 30 days, proof of fire insurance in many cases, and service of the paperwork on the prosecutor and County Counsel before it goes to the court.

After approval, documents typically have to be recorded with the County Recorder before the court orders release. Requirements vary by county, so check with the court handling the case before you start. Our county pages for Orange County and San Diego County have more local information.

Pros and cons

• Pro: No premium and no cash out of pocket for the bail itself.
• Con: It is slow. Appraisals, title reports, court review, and recording all take time, while the person stays in custody.
• Con: You need a lot of equity, at least twice the bail.
• Con: There are real costs for the appraisal, title report, notary, and recording.
• Con: Your home is at risk. If the defendant fails to appear, the property can be sold.
• Con: A lien stays on the property until the bond is exonerated and the lien is formally released.

Side by side: which one fits your situation?

If you need someone out tonight

A bail bond is usually the fastest route. Cash bail can be fast too if you have the full amount available and know where and how to pay it. A property bond is almost never fast.

If you have the full amount and can wait for it

Cash bail avoids the premium. Just plan on the money being unavailable until the case ends, and remember that if the defendant pays, fines and restitution may be taken from it.

If you do not have much cash

A bail bond, with a payment plan if needed, is the most common choice. A property bond is an option only if you own real estate with substantial equity and the person can stay in custody while the paperwork is processed.

If you are worried about risk

With every option, the person who puts up the money, signs the bond, or pledges the house is trusting the defendant to make every court date. Before you commit, be honest with yourself about that risk.

What about release without bail?

Judges can also release someone on their own recognizance, meaning no bail is posted, but the person promises to appear and follow conditions. A defense attorney can also ask the judge to lower bail at a bail reduction hearing, and judges must consider a person's ability to pay when setting money bail.

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

Need help now?

Not sure which option fits your family? We can walk through it with you. OnCall Bail Bonds' licensed agents answer 24/7, in English and Spanish, and you can sign paperwork from your phone. Call (951) 339-3801, contact us online, or start bail online.