Bail costs whatever amount is set, posted in full as cash or through a surety bond: the amount on the arrest warrant, the county's bail schedule if there is none, or a judge's own amount once the case reaches court. Jail staff or the court clerk can accept a scheduled amount without a judge.

How is the bail amount set before anyone sees a judge?

Before any court appearance, the amount is the one on the arrest warrant or, if there is no warrant, the county's own bail schedule for the offense.

Penal Code section 1269b makes it the job of each county's superior court judges to write and revise that schedule every year, covering every bailable felony and every misdemeanor and infraction except Vehicle Code infractions, which get a statewide Judicial Council schedule instead. A copy goes to every jail in the county, so jail staff can accept a scheduled amount without waiting for a court date. The schedule also has a catch-all clause for any charge it does not list by name, so there is a number for almost every offense even when the schedule does not spell it out. Once a person actually appears before a judge on the case, the judge's own figure takes over and the printed schedule number no longer controls.

The firm's page on how California bail amounts are set goes further into how a county builds that schedule and the specific factors a judge adds for things like a weapon allegation or a large drug quantity. This page focuses on the number itself and how fast a person can actually act on it.

How fast can someone actually be released?

Release can happen without waiting for a judge, because jail staff are allowed to accept the scheduled amount and sign the release order once it is posted.

Under Penal Code section 1269b, the officer in charge of the jail, a sheriff's or police department employee assigned to collect bail, or the superior court clerk may approve and accept bail at the scheduled amount, issue and sign the release order, and set the next court date, all without a judge's involvement. Once the full amount is posted, in cash or through a surety bond, Penal Code 1269b(g) says the person "shall be discharged from custody as to the offense on which the bail is posted."

There is one statutory clock that controls timing, and it only applies when someone is asking a judge to change the number. Penal Code section 1269c lets the arrested person, or an attorney, friend or family member, ask a magistrate for bail lower than the schedule or for release on the person's own promise to appear (own recognizance), for most charges. If that request is made and no order changes the amount within eight hours after booking, the person is entitled to be released on the scheduled amount anyway. No statute sets a general number of hours for ordinary scheduled release itself; how long the booking and payment process actually takes varies by jail. The county sheriff's own website, not a flat rule of thumb, is the source for what to expect at a specific facility; see, for example, the firm's walkthrough of posting bail at the Los Angeles County jail as one county's actual process.

What does bail actually cost for something like trespassing or public intoxication?

There is no single statewide dollar figure for either charge, because each county's own schedule sets its own amount for that specific offense.

Only that county's current, dated schedule gives the real number.

That is true by design: Penal Code section 1269b puts the job of pricing each offense on the superior court judges of the county where the case is filed, and two counties can list different amounts for the same charge. Both charges are typically lower-level offenses, and neither is on the Penal Code section 1270.1 list (serious or violent felonies other than residential burglary, and certain domestic violence, threat, stalking and protective order offenses) that requires an open-court hearing before release at a different amount or on own recognizance. Confirm the actual figure on that county's own current schedule, since schedules are revised every year.

Caption: which path controls the amount, and who can act on it

Stage Who can act What governs the amount
Before any court appearance Jail staff, assigned bail officers, or the court clerk The warrant amount, or the county's current bail schedule
Asking for a change before arraignment The arrested person, an attorney, a friend, or family (most charges) Penal Code 1269c; release on the scheduled amount if no order comes within 8 hours after booking
After a judge personally sets or reviews it The judge, at arraignment or a bail hearing Penal Code 1275, In re Humphrey and In re Kowalczyk, and for listed serious charges a 1270.1 hearing

Do you pay the court directly, or use a bail bond?

Either the full scheduled amount goes to the court in cash, or a bail bond company posts a surety bond for the full amount in exchange for a fee.

Penal Code section 1295 lets the defendant, or anyone else, deposit the full amount in cash with the court clerk instead of using a bond. If someone other than the defendant made that cash deposit, Penal Code section 1297 lets that person get it back after the case ends by presenting the receipt, generally within 10 days of claiming it; if the defendant was the one who deposited it, the court can apply the money still on deposit to restitution, fines and costs first. The alternative is a commercial surety bond: the surety promises to pay the full amount if the person does not appear, in exchange for a fee, so less cash changes hands up front. The firm's comparison of a jail surety bond versus cash bail covers what a bond actually costs and how its fee works. This page covers only the dollar figure, not which payment method suits a given family.

Can the amount change, and does the ability to pay matter?

Yes, a judge can set a different number than the schedule, and two California Supreme Court decisions require the judge to weigh whether the person can actually pay it.

In In re Humphrey (2021), the California Supreme Court held that a court cannot effectively detain someone solely because that person cannot afford the stated bail; where money bail is still needed, the court must consider the arrestee's ability to pay the stated amount of bail, and whether nonfinancial conditions, such as supervision or monitoring, could reasonably protect the public and the victim or reasonably assure the person's appearance in court. In In re Kowalczyk (2026), the court went further on the number itself, holding that bail must generally be set in an amount that is reasonably attainable, in order to effectuate the defendant's constitutional right to pretrial release on bail. The court was clear that this is not the same as being "easily affordable or convenient to the defendant," and that "if a defendant alleges the inability to pay a certain bail amount, the burden is on the defendant to support that allegation with reliable evidence." Outside capital crimes and the narrow felonies in article I, section 12(b) and (c) of the California Constitution, where bail can be denied, the schedule amount is a starting point, not the final word, and Penal Code section 1275 separately requires the judge to weigh the seriousness of the charge, the person's record, and the likelihood of appearing in court, with public safety as the primary consideration.

Frequently asked questions

Does paying a bail bondsman get someone out faster than paying cash?

Not necessarily. Either method still requires posting the full scheduled or court-set amount before release follows; a bond changes who pays and how much is paid out of pocket, not how quickly jail staff can process the release once payment is complete.

Does the amount depend on which county made the arrest?

Yes. Each county's superior court judges adopt their own bail schedule, so the same charge can carry a different listed amount from one county to the next. The schedule for the county where the case is filed is the one that applies.

Can a family member post the bail amount directly instead of using a bondsman?

Yes. Penal Code section 1295 lets anyone, not only the defendant, deposit the full cash amount with the court clerk, and Penal Code section 1297 governs getting that money back once the case is over.

Is there a minimum amount of time someone must stay in custody no matter how fast bail is paid?

No. Under Penal Code 1269b(g), a person who posts bail must be discharged from custody as to the offense on which the bail is posted. Processing time at the specific jail, and any hold from another case, decide how quickly release actually happens.

Can the bail amount go up after it is first set?

Yes. When someone is arrested without a warrant for a bailable felony or for violating a domestic violence restraining order, an officer with reasonable cause to believe the scheduled amount will not ensure appearance or protect a domestic violence victim can ask a magistrate to raise it, under the same Penal Code section 1269c.

Does every charge allow a request for lower bail before arraignment?

No. Penal Code section 1269c excludes the charges listed in Penal Code 1270.1(a): serious or violent felonies other than residential burglary, and certain domestic violence, threat, stalking and protective order offenses. They require an open-court hearing with notice to both sides.

Talk to a lawyer

The Law Offices of David S. Chesley offers a free consultation and is available 24/7 to talk through a bail amount or a release that is not moving fast enough, with payment plans and Se habla español. Call (800) 755-5174 or request a free consultation online.