Address:
446 Alta Rd., Suite 5300
San Diego, CA 92158
Phone:
619-531-3200
Does San Diego County have bail?
What kind of bonds are accepted in San Diego County?
Who can set bail in San Diego County?
When is bail set in San Diego County California?
Yes, California is a bail state, and San Diego County allows bail; however California is among a growing number of states who will attempt to release a defendant under bail conditions and/or a reasonable dollar amount rather than impose a dollar amount that cannot be met.
The court will consider what type of bonds from the following list depending on the circumstances of the arrest.
1. Judicial public bail/bond is the release of a defendant without any money but must have some kind of supervision while out on bail.
2. Cash bail is payment by the defendant or another person in part or in full of the total bail. The San Diego County Clerk of Court supervises this bond.
3. Property bail is when one or more people put up property owned in the state of California to cover the bond.
4. Professional surety bail is when the defendant is release on bail by having a professional bond company execute the bond.
5. Unsecured bond is where the arrested is released from custody without having to pay a dollar amount upfront. Instead, the arrested and/or surety signs a bond that says that they will pay the full bond amount if they don’t show up to court. Even though there is no money paid, there are usually conditions such as supervised release, curfew, restraining order or attendance at a treatment center.
6. A secured bond is where someone called a surety puts up property with greater value than the bond. A professional bondsperson can be a surety in California or a family or friend with property value that exceeds the amount of the bond amount.
For most misdemeanors, the police and bail magistrate can set bail at the time of the arrest and initial detention.
There are many factors to consider whether the arrested should be given bail and released or be detained until the arraignment. If the circumstances are such that the bail recommendations do not apply, then bail is set by the judge in Superior Court. The Superior Court judge can also consider changing the initial bail terms at the first court appearance.
For some lesser crimes, bail can be set at the time of initial detention and for other crimes, bail is set at the arraignment which must occur within 48 hours of the arrest.
Bail is what the arrested in San Diego County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in San Diego County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Facility 8 Jail (temporarily closed) until the case is resolved or goes to trial.
In California, bail can be denied under the following circumstances:
Capital crimes as with murder, acts of violence or threats to another when the evidence given supports the likelihood that the arrested committed the crime or will act upon the threats. Bail can also be denied if terms of parole, mandatory supervision, post-release orders or felony parole are violated.
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, San Diego County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid. Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing.
Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, California is a bail state, and San Diego County allows bail; however California is among a growing number of states who will attempt to release a defendant under bail conditions and/or a reasonable dollar amount rather than impose a dollar amount that cannot be met.
The court will consider what type of bonds from the following list depending on the circumstances of the arrest.
1. Judicial public bail/bond is the release of a defendant without any money but must have some kind of supervision while out on bail.
2. Cash bail is payment by the defendant or another person in part or in full of the total bail. The San Diego County Clerk of Court supervises this bond.
3. Property bail is when one or more people put up property owned in the state of California to cover the bond.
4. Professional surety bail is when the defendant is release on bail by having a professional bond company execute the bond.
5. Unsecured bond is where the arrested is released from custody without having to pay a dollar amount upfront. Instead, the arrested and/or surety signs a bond that says that they will pay the full bond amount if they don’t show up to court. Even though there is no money paid, there are usually conditions such as supervised release, curfew, restraining order or attendance at a treatment center.
6. A secured bond is where someone called a surety puts up property with greater value than the bond. A professional bondsperson can be a surety in California or a family or friend with property value that exceeds the amount of the bond amount.
For most misdemeanors, the police and bail magistrate can set bail at the time of the arrest and initial detention.
There are many factors to consider whether the arrested should be given bail and released or be detained until the arraignment. If the circumstances are such that the bail recommendations do not apply, then bail is set by the judge in Superior Court. The Superior Court judge can also consider changing the initial bail terms at the first court appearance.
For some lesser crimes, bail can be set at the time of initial detention and for other crimes, bail is set at the arraignment which must occur within 48 hours of the arrest.
Yes, your attorney can request a bond reduction if the bail had already been set.
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of California could be the surety and execute a bond to the court on your behalf.
Yes, California does offer online bail payment. Please contact the jail for specific information on how to pay bail: Go to the Facility 8 Jail (temporarily closed) for more information about the jails in San Diego County.
What options are there to pay bail in San Diego County California?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted.
Go to the Facility 8 Jail (temporarily closed) for more information about posting bail in San Diego County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
The Facility 8 Jail (temporarily closed) or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.
Because bail bond procedures in San Diego County and California can change, it’s always a good idea to call either Facility 8 Jail (temporarily closed) at 619-531-3200, or the court in the relevant jurisdiction (i.e., Municipal Court, District Court, etc.) immediately after the defendant has been booked.
Ask the staff at Facility 8 Jail (temporarily closed) or the San Diego County Court Clerk these specific questions:
If you think the bail amount is too high, contact a lawyer or the public defender to discuss the possibility of a bail reduction. Acting quickly will help secure the defendant’s release sooner.
Working with a criminal attorney or bail agent can streamline the process and make it less stressful.
Option 1 - How to Post Bail with Cash at Facility 8 Jail (temporarily closed)
A cash bond requires you to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
The amount could range from $100 to $75,000 or more depending on the charge.
To pay the bond, you can go directly to Facility 8 Jail (temporarily closed) or to the court where the hearing occurred. Going to the jail will speed up the process, as paperwork from the court needs to be sent there for the release.
Cashier’s checks and money orders should be made out to Facility 8 Jail (temporarily closed), the San Diego County Sheriff’s Office, or the San Diego County Court.
You can purchase money orders at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Facility 8 Jail (temporarily closed)
If you don’t have the full bail amount, you can post a surety bond by working with a bail agent. The agent posts the bond in exchange for a premium, which is usually 10-15% of the bail amount.
For instance, if the bail is $5,000, the premium will cost between $500 and $750.
The bail agent may require collateral, such as property or valuable items, to ensure payment if the defendant doesn’t appear in court.
When you sign an agreement with a bail agent, you are responsible for paying the full bail amount if the defendant fails to appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Facility 8 Jail (temporarily closed)
Property owners in San Diego County may be able to post a property bond using real estate as collateral. All property owners must be present to sign the bond.
For information on using property outside of San Diego County, consult a local bail agent or defense attorney.
Click here for more details about posting bail at Facility 8 Jail (temporarily closed).
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a California state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
