When paying the full bail in cash makes sense
To judge whether it is better to pay bail or bond, ask how long your family can go without the full amount.
Paying cash means depositing the entire bail, and PC 1295 lets the defendant or anyone else hand it to the court clerk.
You pay no premium on cash, and under PC 1297 the refund depends on who paid. A parent or friend who paid claims it after judgment with the receipt, and the clerk has 10 days from that claim to return every dollar. If the defendant paid and the judgment includes a fine, the clerk can put the deposit toward restitution, fines and costs before refunding any balance.
So decide whose name goes on the receipt before anyone pays.
Los Angeles Superior Court starts the refund on its own after a judge dismisses a criminal case, though under PC 1303 it waits 15 days in case prosecutors refile over the same act. It pays most criminal refunds by check, and processing can take several weeks.
When a bail bond is the better fit
A bond fits when the bail is more than you can set aside for the life of the case. You pay a licensed bail agent, or bail bondsman, who posts a bond for the full amount through an insurance company, the surety.
Agents must charge their surety’s filed rate. The California Department of Insurance says the cost is most often 10% of the bail, plus reasonable expenses. Qualifying clients may get a reduced filed rate, commonly 8%.
Run the cash bail vs bail bond numbers on a $30,000 bail. A cash bond means handing the clerk all of it. At the standard 10%, the premium is $3,000, and the court never holds the other $27,000.
The premium, though, is generally non-refundable, even if prosecutors drop the charges. California makes two surrender exceptions. An agent that hands the defendant back to jail ahead of a court date owes the full premium back under 10 CCR 2090, keeping only limited out-of-pocket costs, and only if it proves the risk rose substantially. A judge may also order a refund under PC 1300(b) when a surrender lacked good cause.
For other amounts, see what a $1,000 bail bond costs or what a $50,000 bond takes.
What you risk if the defendant misses court
Cash carries the same risk as a bond if the defendant misses court without a sufficient excuse, because PC 1305 requires the judge to forfeit either one.
With cash, the depositor can lose the whole deposit. On a bond, the surety answers for the full bail, and our cosigner guide explains what a signer may then owe.
You can also revisit whether it is better to pay bail or bond after release. PC 1296 lets a defendant out on a bond replace it with a full cash deposit before any forfeiture, which exonerates, or releases, the bond. The agent generally keeps the premium already paid.
When the court allows only cash
On a probation violation, you may have no choice. PC 1203.25 makes own recognizance (OR), a signed promise to return, the default for anyone a court releases before the violation hearing.
If the judge sets bail anyway, it can only be cash. In the statute’s words, “A bail bond or property bond is not bail.” The judge must also set that amount at a level the person can reasonably afford, and a defense attorney can seek OR or a lower amount.
A bond can still cover money bail on a separate new charge.
Outside cash-only orders, whether it is better to pay bail or bond depends on how much you can spare.