Trespassing Bail in California: Amounts, Process, Costs

Bail for trespassing in California usually starts around $5,000 for a standard misdemeanor and around $10,000 for aggravated trespass, according to the San Francisco Superior Court’s 2025-2026 bail schedule. Those figures are presumptive starting points, and every county publishes its own schedule. Many trespass arrests never reach bail at all, because the person is cited and released at the scene. If your loved one was booked, a licensed bail agent can post a bond for a fee of up to 10% of the bail amount, and the sooner you start, the sooner they come home.

TL;DR

• Standard trespass (Penal Code 602) is a misdemeanor. Scheduled bail often starts at $5,000. Aggravated trespass (Penal Code 601) is typically listed at $10,000.
• Many misdemeanor trespass arrests end in cite and release. If your person was booked, ask whether they were eligible for it.
• A bond premium is typically up to 10% of the bail amount and is non-refundable. At Armstrong Bail Bonds the premium is 10%, with payment plans available.
• The schedule is a starting point. A judge can raise or lower bail at arraignment, and misdemeanor-only defendants are generally entitled to release on their own recognizance unless the court finds a specific risk.
• Have the full name, booking number and jail location ready before you call.

Table of Contents

• What counts as trespassing in California
• How much is bail for trespassing in California?
• What you will actually pay: the bond premium
• Before you pay anything: was it cite and release?
• From arrest to release: how the process runs
• Why the bail amount can change
• Not every charge is bail-eligible
• Our perspective: what we tell families on the phone
• Getting started with Armstrong Bail Bonds
• What the signer is agreeing to
• Common situations behind trespass arrests
• FAQ
• Sources

What counts as trespassing in California

Trespass is not one crime in California. It is a family of offenses, and the specific charge drives the bail amount.

Standard trespass, Penal Code 602. Section 602 lists the acts that make a willful trespass a misdemeanor, such as damaging trees or property, entering and occupying real property without consent, or refusing to leave private property when the owner or an authorized person asks. The usual penalty on conviction is up to six months in jail and/or a fine of up to $1,000. Some lower-level entries onto fenced or posted land are treated as infractions, which carry only fines.

Aggravated trespass, Penal Code 601. Section 601 applies when someone makes a credible threat to cause serious bodily injury and then enters the other person’s property within a set window. It can be charged as a misdemeanor or a felony, which is why bail for it is higher and the case is taken more seriously.

Related charges. Trespass often travels with other allegations: burglary if there was intent to steal inside a structure, vandalism, or a violation of a protective order. When a trespass arrest comes with one of those, bail is set for the most serious charge, not the trespass alone.

Do police really arrest for trespassing?

Yes, in the right circumstances. Officers generally step back from a purely civil property dispute. They step in when the elements of criminal trespass are clearly met: a person refuses to leave after being told to, enters an enclosed structure without permission, or the situation involves threats or obstruction of a business or emergency services. That is the point where the bail system starts to matter.

How much is bail for trespassing in California?

Bail amounts come from county bail schedules, adopted under Penal Code 1269a. Using the San Francisco 2025-2026 schedule as a reference point, the pattern looks like this:

Two cautions. First, other counties, including Los Angeles and San Diego, publish their own schedules and the numbers can differ, so ask the jail or an agent for the figure that applies where the arrest happened. Second, the schedule is not a ceiling or a floor. A judge can set bail higher or lower based on prior criminal history, the severity of the incident and whether a criminal protective order is active.

For more on how the numbers are built, see our guides to how bail is set and how bail is calculated.

What you will actually pay: the bond premium

Most families do not hand the court the full bail amount in cash. They use a licensed bail agent, who posts a surety bond that guarantees the full amount to the court if the defendant misses a hearing. In exchange, the agent charges a non-refundable premium, typically up to 10% of the bail.

Here is what that means in dollars at our 10% premium:

The premium is the cost of the service. It is not returned when the case ends, even if charges are dropped, because the agent carried the risk the whole time. Paying the court directly in cash is different: that money comes back at the end of the case if the defendant makes every appearance, minus any fees. Most people cannot tie up thousands of dollars for months, which is why the bond is so common. If you are weighing the options, our page on what to do if you can’t afford bail walks through them.

Before you pay anything: was it cite and release?

A large share of misdemeanor trespass arrests do not involve jail. The officer writes a citation with a future court date and the person walks away. The state’s pretrial release overview notes that law enforcement can cite and release at the point of arrest, before booking.

If your person was booked, ask the agent or the jail one question early: were they eligible for cite and release? Sometimes the answer opens a faster, cheaper path than a bond. Sometimes the answer is no, for example when the person has an outstanding warrant, the officer believes there is a safety risk, or the charge is more serious than simple trespass. Either way, you want to know before you sign anything.

From arrest to release: how the process runs

1. Arrest and booking. The person is taken to a local jail, fingerprinted and entered into the system. Their booking number and the exact charges appear in the jail’s inmate records. A free inmate search is part of what we offer, so you can confirm the person is in custody and see the bail amount.
2. Possible pre-arraignment release. Per the state’s pretrial guidance, a judicial officer may release someone before arraignment based on a Pretrial Release Services report.
3. Bail set by schedule. If the person is not released that way, the scheduled amount applies unless a judge says otherwise.
4. A bond is posted. A licensed agent files the paperwork with the jail. The jail then processes the release, which takes time on its end. We often see releases within about 30 minutes of the bond being accepted, though jail processing speed varies by facility and how busy it is.
5. Arraignment. The judge reviews the charges and addresses bail and release conditions. The California Courts Self-Help Guide on arraignment explains that if the defendant is still in custody, the judge decides whether they stay in jail or can be released while the case is pending.

Will a judge release them without bail?

Possibly. Under the state’s pretrial release materials, defendants charged only with misdemeanors are generally entitled to release on their own recognizance (OR) unless the court finds a specific public safety risk or a high probability they will not return. That is a real reason to talk to a defense lawyer quickly, because an OR release costs nothing. But it is not guaranteed, and it may not happen before the next court date. If the person is sitting in jail now, a bond is the faster route home.

Why the bail amount can change

The schedule number is where things start, not where they must end. Several factors move it:

• Prior record. A history of missed court dates or similar offenses can push bail up.
• Severity of the incident. Trespass during a confrontation, with threats, or into a home is treated differently from wandering onto a closed lot.
• Protective orders. If a criminal protective order is in place, a judge may set bail well above the schedule, and some situations require a hearing before release. See our post on how two court days can delay bail for restraining orders, and for an outside perspective on the 10% premium in that situation, read about bail after a restraining order violation.
• Added charges. Burglary, vandalism or theft alongside trespass changes the math. Our article on burglary bail in California explains how county schedules and the Humphrey decision shape those cases.

If you think the amount is too high for the facts, a defense attorney can ask the judge to lower it at arraignment. A bail agent cannot argue that for you, but a good one can tell you what the realistic options are and when the hearing is.

Not every charge is bail-eligible

Simple trespass is bondable. But some arrests involve holds, warrants without bail, or charges that make a bond unavailable. We lay out those situations in what crimes are not eligible for a bond. If the person was arrested on a trespass charge and also has a probation or parole hold, the bail on the trespass alone may not get them out.

Our perspective: what we tell families on the phone

We have been writing bonds since 1926, and we are family-owned across four generations. The trespass calls we get tend to share a pattern. The family is surprised, because it sounds like a minor charge, and they assume it must be cheap or automatic to resolve. Sometimes it is. Often it is not.

Here is what we say every time:

• Check the charge first. Standard trespass and aggravated trespass sit in different bail tiers. A $500 premium and a $1,000 premium are both manageable, but you should know which one you are facing.
• Ask about cite and release. If it was possible and did not happen, a lawyer may be able to speed things up.
• Do not wait for arraignment if the person is in custody and you can act now. Time in jail costs jobs, housing and childcare, and an OR release is not certain.
• Be honest about what you can pay. The premium is a set percentage, and the price is legally fixed. What we can be flexible on is how you pay it. Payment plans are common, and we explain the terms before anyone signs.
• Talk to a person. When you call us at any hour, you speak with a licensed agent, not a call center.

— Jake

Getting started with Armstrong Bail Bonds

We post bail across Southern California, including Los Angeles County and San Diego County, 24 hours a day. Our premium is 10% of the bail amount, and we offer flexible payment plans, a free inmate search and bilingual English and Spanish staff. You can start the paperwork online or in person. If cost is the main worry, our affordable bail bonds page explains the options, and you can also start with an online bail bond application. For a trespass arrest charged as a misdemeanor, see our misdemeanor bail bonds page.

What to have ready when you call

• The arrested person’s full legal name and date of birth
• The booking number, if you have it, and the jail where they are held
• The charges and the bail amount listed
• Your own ID and proof of income or employment, since the person who signs is responsible for the bond
• Any questions about collateral. We offer no collateral bail bonds in qualifying cases.

What the signer is agreeing to

Whoever signs the bond, called the indemnitor or cosigner, is legally responsible for making sure the defendant attends every court date. If the defendant misses court, the bond can be forfeited and the signer can owe the full bail amount. That is serious, and it is the reason to sign only for someone you trust to show up. If your circumstances change later, we have a guide on how to remove yourself as a cosigner.

After release, the person should keep every court date, follow any conditions the judge sets, and stay away from the property or person named in the complaint. A missed date can trigger a warrant and lose them the bond.

Common situations behind trespass arrests

The charge sounds uniform, but the stories differ, and so do the outcomes.

A business asked someone to leave. A person refuses to leave a store, office or private lot after being told to. This is the textbook misdemeanor. It often ends in a citation, but a booking is possible if the person argues with the officer or has a record.

A disputed property line or tenancy. Former tenants, neighbors and relatives sometimes disagree about who has the right to be on a property. Officers may treat this as civil and decline to arrest. If they conclude the elements are met, they will not.

Entering a closed or fenced property. Construction sites, vacant buildings and posted land lead to many arrests. Entering fenced or posted land can be an infraction on a first offense rather than a jailable misdemeanor.

After a threat. If a prior threat is involved, aggravated trespass becomes a possibility. This is the situation where we most often see higher bail and a faster need for a lawyer.

In each case the first useful step is the same: confirm the exact charge from the jail record, not from what the arrested person remembers over a rushed call.

FAQ

What is the fine for trespassing in California?

For a standard misdemeanor trespass under Penal Code 602, a conviction can bring up to six months in jail and/or a fine of up to $1,000. Aggravated trespass can be charged more severely, up to a year in jail for a misdemeanor or felony sentencing. Fines on conviction are separate from bail, which is only the amount needed for release before the case ends.

What is the difference between 484 PC and 488 PC?

Penal Code 484 defines theft itself, including stealing or fraudulently appropriating another person’s property. Section 488 says theft not amounting to grand theft is petty theft, and the usual dividing line is $950. If a trespass arrest also includes a theft allegation, the bail can change accordingly.

Do I always need a bail bond after a trespass arrest?

No. Many misdemeanor trespass arrests end in cite and release, with a ticket and a future court date. A bond is needed only if the person was booked and held with bail set. If you are not sure, check the inmate record or call us and we will help you confirm.

Can bail for trespassing be lowered?

Sometimes. The scheduled amount is presumptive, and a judge can adjust it at arraignment after looking at risk factors like prior history and the details of the incident. A defense attorney is the right person to make that request. If the person is in custody and you need them out sooner, a bond can be posted in the meantime.

Sources

• San Francisco Superior Court, 2025-2026 Felony and Misdemeanor Bail Schedule
• California Courts, Pretrial Release Process Infographic
• California Courts Self-Help Guide, The Arraignment
• California Penal Code 602
• California Penal Code 601
• California Penal Code 484
• California Penal Code 488
• Shouse California Law Group, Penal Code 602 penalties