Side by side
| Cash bail | Bail bond | |
|---|---|---|
| Paid to | The court or jail | A licensed bail agent |
| Amount | 100% of the bail | 10% premium (as low as 1% down) |
| Refundable | Yes, on exoneration | No — the premium is earned |
| Who is liable if the defendant skips | The depositor loses the cash | The surety pays, then pursues the indemnitors |
| Speed | Depends on gathering the full amount | Same night in most cases |
What 'bail' actually means in California
Bail is set either by the county bail schedule adopted under Penal Code §1269b — which lets a jail release someone before arraignment — or by a judge at the first hearing.
Since In re Humphrey (2021), a California judge must consider a defendant's ability to pay and whether non-financial conditions would protect the public and secure appearance, rather than setting an amount the person plainly cannot afford.
What a bail bond is
A bail bond is a surety contract. The insurer, through a licensed bail agent, promises the court the full bail amount. If the defendant appears through the end of the case, the bond is exonerated and nobody pays the face amount.
Premium rates are filed with the California Department of Insurance, which is why 10% is the standard statewide figure rather than a negotiation. See our 10% premium breakdown and the bail bond calculator.
Which one should a family choose?
- Choose cash bail if the full amount is genuinely available, the case is likely short, and tying up the money for months is acceptable.
- Choose a bond if the bail is large, the money is needed for rent, counsel, or payroll, or the release needs to happen tonight.
- Check whether the court ordered cash-only bail — that changes the options entirely.
More on the tradeoff: should you pay bail or hire a bail bondsman.