Cash Bond vs. Surety Bond: What “Cash/Surety” Means and Which to Choose in California (2026)

Updated September 2026. Written for California families deciding how to post bail, and for anyone who looked up a jail record and saw “cash/surety” next to a dollar amount. The law here is checked against the California Penal Code, the state’s bail regulations in Title 10 of the California Code of Regulations, published court opinions through April 2026, and each county’s own Sheriff and court websites. If the case is in Idaho, Texas, another state, or federal court, jump to the out-of-state section.

Quick answer: A cash bond (in California law, a deposit of money “instead of giving bail”) means someone pays the full bail amount to the jail or court. The court holds that money until the case ends, then refunds it if every court date was kept. A surety bond (a bail bond) means a licensed bail agent, backed by an insurance company, promises the court the full bail amount instead. The family pays the bail company a premium, which is not refunded, and usually signs an agreement to repay the company if the defendant disappears. “Cash/surety” on a jail record means the same bail amount can be posted either way: all cash, or a bond for the full amount. It is one amount and two choices, not two payments. Cash costs nothing if everything goes right, but it ties up the whole amount for months, it can be taken for fines if the defendant posted it, and all of it is lost if the defendant misses court and does not come back in time. A bond costs less upfront, but that cost is permanent. California also allows a third option, a property bond, which needs home equity worth twice the bail.

Cash Bond vs Surety Bond at a Glance

Short on time? This table is the whole guide in miniature. Each row is explained, with sources, below.

In this guide: What “cash/surety” means | Cash bond | Surety bond | Property bond | What each really costs | Getting cash bail back | If court is missed | Switching | Cash-only bail | Which to choose | Real cases | The numbers | In their words | Outside California | All 58 counties | What to do | How Bail Hotline can help | FAQ

What “Cash/Surety” Means on a Jail Record

Many people find this page after looking someone up and seeing a line like “Bail: $50,000 cash/surety,” “C/S,” “surety/cash,” or “cash or surety.” Here is what that means.

It is one bail amount with two ways to satisfy it. The dollar figure is the full bail. You can deposit that full amount in cash, or a bail agent can post a surety bond for that same full amount. You do one or the other, not both. The slash and the word “or” mean the same thing.

California’s own statute uses exactly this either/or structure. Jail officers and court clerks “may approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail in cash or surety bond executed by a certified, admitted surety insurer” (Penal Code 1269b(a)). Other states write it the same way. Ohio’s bail statute, for example, lists “A surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the defendant” (Ohio Revised Code 2937.011).

So, reading common labels:

• “$50,000 cash/surety” means $50,000 in cash, or a $50,000 bail bond from a bail agent. The bail company’s premium is a separate, smaller charge that you pay the company, not the court.
• “$5,000 surety bond” means bail is $5,000 and a bond for that amount will be accepted. Most places that say “surety” will also take the full amount in cash.
• “Cash only” means the court will accept only the full amount in cash (or a cash equivalent like a cashier’s check). A bail agent cannot post a bond on it. California has an express cash-only rule for some probation-violation release proceedings; other cash-only orders need case-specific review, covered below.
• “No bail” means no amount can be posted at all, often because of a hold or a charge where bail was denied. Someone with a hold from another county or agency usually cannot be released even if bail is posted on the local charge.
• “10% cash” or “deposit bond” is not used in California. In states like Ohio, Michigan, and Nebraska, it means paying a portion of the bail to the court clerk, most of which comes back. See outside California.

What California jail lookups actually show. Where a California inmate locator shows bail at all, it lists a bail amount, not a label. Fresno County’s Sheriff posts a 72-hour booking list with whether each charge is bailable and the amount. Kings County’s locator shows a bond type and the required amount. Marin County warns that the bail shown online “may be an approximation” and says to call the jail for the exact figure (Marin Sheriff). Some put theirs behind a human check, as Alameda and San Diego do, and Orange County’s requires an account and does not show charges. Under California law, bail information is public: the California Public Records Act requires agencies to release the amount of bail set, holds, and the manner of release for people arrested. If the listing is unclear, call the jail. Our guides to finding out if someone is in jail and the California inmate locator explain how.

What Is a Cash Bond in California?

“Cash bond” and “cash bail” mean the same thing: posting the full bail amount in money. California’s Penal Code calls it a deposit “instead of giving bail.” The key rule is Penal Code 1295: “The defendant, or any other person,” may deposit the bail amount “instead of giving bail,” and once the deposit is made, “the defendant must be discharged from custody.”

What that means in practice:

• Anyone can post it. A parent, spouse, friend, employer, or the defendant can deposit cash bail. The name on the receipt matters a great deal later, as explained in getting cash bail back.
• You need the full amount. Jails that post rules online say so plainly. Mono County requires “the exact dollar amount.” Yuba County’s Sheriff “only takes bail for the entire amount.” There is no partial cash bail in California.
• It is posted at the jail or the court. Penal Code 1269b(a) lets both jail officers and superior court clerks accept it. Where you go in practice depends on the county. San Francisco’s Sheriff sends people to Room 460 at 850 Bryant Street. Orange County’s Intake Release Center cashier is open 24 hours. Santa Barbara’s court takes bail deposits at its clerk offices on weekdays. The county guide lists what each county says.
• “Cash” usually includes certain checks. Most counties that post rules accept cash, cashier’s checks, and money orders. Very few accept personal checks: Orange County takes California personal checks up to $7,500, and Shasta County takes a personal check up to $1,000, but Humboldt, Marin, Mendocino, Mono, Plumas, San Luis Obispo, and Sutter say no personal checks. Checks are usually made payable to the superior court, though Orange County wants them payable to the County of Orange, Sheriff’s Department, San Benito and San Luis Obispo to the Sheriff, and Yuba to the jail. A few counties take cards through an outside processor: Marin and Ventura through GovPayNet, and Monterey online through GovPayNet. State law bars one form outright: the clerk “shall not accept a general assistance check for this deposit or any part thereof” (PC 1295(c)).
• Bring identification, and more for large cash amounts. Santa Cruz County asks for a valid driver’s license, ID card, or passport. Mono County requires a valid ID “along with your original social security card” when cash bail is over $10,000. Federal law adds one more rule for large amounts: a clerk of a state criminal court “who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense shall make a return” to the IRS, and those offenses include drug, racketeering, and money laundering charges and similar state crimes (26 U.S.C. 6050I(g)). Call the jail before arriving with a large amount of currency.
• Keep the receipt. “When money has been deposited, a receipt shall be issued in the name of the depositor” (PC 1297). That receipt is how you claim the refund. Do not sign anything on the receipt that you have not read, because some courts let a depositor authorize bail to be applied to fines.

Cash bail is not a loan, a fee, or a fine. It is a security deposit on a promise to come to court. The money goes to the court and sits there until the case ends. Penal Code 1269b(g) requires all money deposited with a jail to “be transmitted immediately to the judge or clerk of the court.”

For more on cash-only bail and cash bail versus a bail bond from the cash side, see our companion guide, cash bond vs bail.

What Is a Surety Bond for Jail?

A surety is someone who promises to pay if another person does not keep their word. In bail, the surety is an insurance company, and the person who signs for it is a licensed bail agent. The bond is the written promise. California’s Penal Code describes bail as an “undertaking” that the defendant will appear, “or that the bail will pay to the people of this state a specified sum” (PC 1269).

How it works in California:

• Only licensed agents of admitted insurers can write one. “An insurer shall not execute an undertaking of bail except by and through a person holding a bail license” (Insurance Code 1800). The California Department of Insurance licenses bail agents, and you can check a license before you sign anything.
• The court must accept a proper bond. A bond from an admitted surety insurer “shall be accepted or approved by a court or magistrate without further acknowledgment if executed by a licensed bail agent” (PC 1276(a)). No law requires the family to show proof of income just to post a commercial bond. A bail company may ask about jobs and income for its own decision, but that is the company’s choice, not a court rule. The exception is a “source of funds” hold, which applies to cash and bonds alike: if an officer, a prosecutor, or the judge shows probable cause that money behind the bail was feloniously obtained, the defendant must prove by a preponderance of the evidence that it was not before bail is accepted (PC 1275.1).
• Nobody borrows the bail money. An older version of this page said families “borrow the bail amount from a surety company.” That was wrong. No money is lent and no cash goes to the court. The bail company promises to pay the court the full amount only if the defendant fails to appear and the forfeiture is not fixed in time.
• The premium is the price of that promise, and it is not refunded. The Department of Insurance tells consumers: “Premiums are nonrefundable even if charges are dropped” (CDI bail bond page). Each insurer files its rates with the Department, and a bail agent may not collect more than the premium “at the rates established by the insurer and set forth on the undertaking of bail,” plus collateral and certain actual expenses (10 CCR 2081). Ask for the premium in writing.
• One premium per bond. Since January 1, 2022, no bail company may charge “a renewal premium,” and one premium covers the bond “until bail is exonerated” (PC 1276.1). A company that violates this owes the person at least $3,000 in statutory damages.
• A cosigner signs a separate private agreement. The cosigner (also called an indemnitor or guarantor) promises to repay the bail company if the bond is forfeited, and sometimes to pay the premium over time. The court is not a party to that agreement. The bail regulations require that “a copy of any document which is executed by any person with whom bail is negotiated” be given to that person when it is signed (10 CCR 2099). If the cosigner is financing the premium, California’s cosigner notice law applies: a premium financing agreement with a cosigner “is a consumer credit contract subject to the notice provision of section 1799.91” (BBBB Bonding Corp. v. Caldwell (2021) 73 Cal.App.5th 349). Our guide to your role as a bail bond co-signer covers this in depth, and removing a cosigner explains how a cosigner can get off a bond.
• Collateral is held in trust. Some bonds need collateral, such as a car title or a deed of trust. A bail company “shall receive such collateral in a fiduciary capacity” and keep it “separate and apart from any other funds or assets” (10 CCR 2088). It “shall be returned immediately” when the bond’s liability ends (10 CCR 2088.2), unless it also secures premium that is still unpaid. See using a car title for bail and removing a bail bond lien on property.

Bail bonds are one kind of surety bond. Contractors, notaries, and licensed businesses buy other kinds, which is why some search results for “cash surety bond” describe construction and license bonds. Those have nothing to do with jail. For how the business side works, see how bail bondsmen make money.

Property Bonds: The Third Option

California also lets people pledge real estate. Under Penal Code 1298, “the defendant or any other person may give as security any equity in real property which he or she owns,” and no one may be charged for doing so. A judge holds a hearing on the property’s value, and “if the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required he or she shall allow the bail.”

Families often do not know that a relative can do this for someone else. In Rico v. People (1979), a court refused to let a defendant’s stepparents pledge their home because it was not his property. The Court of Appeal ordered the court to accept it, reading the law as “permitting the giving of security in the form of an interest in real property by others on behalf of the defendant” (opinion).

What to expect:

• Equity, not value. A $100,000 bail needs $200,000 of equity, meaning market value minus every mortgage and lien.
• Paperwork and time. The statute itself sets only the twice-the-bail rule and the hearing. Local courts add the rest. Orange County’s form L-862 lists an undertaking and affidavit, a deed of trust, a certified grant deed, a preliminary title report, an appraisal, and a promissory note. Trinity County’s local rule asks for an appraisal from the last 45 days and a title report from the last 30. Santa Clara requires that all persons named on the deed be present at the property bond hearing (property bonds). Ventura’s court says to submit the application at least one day before the hearing (VN195).
• The home is at risk. If the defendant misses court and the forfeiture is not set aside, the clerk, under order of the court, is to “sell the bonds or the equity and apply the proceeds” the same way forfeited cash is applied (PC 1298). Monterey County’s court puts it simply: the person “could lose that property through foreclosure if the defendant fails to appear in court” (court criminal page).
• It is slow. Because it needs documents and a hearing, a property bond rarely gets anyone out of jail the same day. Some families post a bond first and sort out longer-term options later.

The county guide notes which courts post property bond instructions: Calaveras, Madera, Orange, San Mateo, Santa Clara, Trinity, and Ventura. Tuolumne’s local rules also include a rule titled “Bail, Real Property Bonds,” Monterey’s court describes property bonds without posting forms, and San Bernardino’s Sheriff says it accepts them and refers questions to the court.

What Each Option Really Costs

The honest comparison is not “cash is free, bonds cost money.” It is about what you give up, for how long, and what you could lose.

Think about three things before choosing.

1. How long the money is gone. Criminal cases in California often run for months, and felony cases can run much longer. Cash bail sits with the court the whole time. Then the refund takes more time: the courts that post a timeline say roughly four to eight weeks after the court’s order (see getting cash bail back). Money that would have paid rent, a lawyer, or a car payment is unavailable the entire time. Bail amounts in California are high. The Public Policy Institute of California found the state’s median bail for felony defendants in large counties was $50,000, “more than five times the median amount in the rest of the nation” (PPIC, 2015, using 2000 to 2009 federal data).

2. Whose money it is. If the defendant posts their own cash, the court applies it to “restitution to the victim or the Restitution Fund, fines, and costs” before refunding “the surplus, if any” (PC 1297). A family member who posts in their own name is treated differently, as explained next. Paying a lawyer often matters more than posting cash, and cash tied up in bail cannot pay one.

3. How much you trust the defendant. With cash, your own money is on the line with no one else working to protect it. With a bond, the cosigner’s promise is also on the line, but a licensed company is working the other side of the problem.

Getting Cash Bail Back

Cash bail comes back after the court “exonerates” the bail, which normally happens when the case ends: at sentencing, when probation is granted, or after a dismissal. Our full guide to bond exoneration covers every trigger. The refund rules are in Penal Code 1297:

• If a family member or friend posted it, “the deposit after judgment shall be returned to that person within 10 days after the person claims it by submitting the receipt.” If no claim comes in within 10 days of exoneration, “the clerk shall immediately notify the depositor.”
• If the defendant posted it, the clerk applies it to what the defendant owes first and refunds only what is left.
• If the case is dismissed, bail is not exonerated for 15 days in case the person is charged again for the same act (PC 1303). After that, “money deposited instead of bail must be refunded” to the defendant or to whoever the court finds deposited it (PC 1384). See what happens to bail money if charges are dropped.

A practical tip for families: post cash in your own name, keep the receipt somewhere safe, and read anything on the receipt before signing. Los Angeles’ court says bail goes toward a fine only if “the depositor is the defendant or a third party who signed the bail receipt giving the Court permission to do so at the time of deposit” (LA court cash bail FAQ). San Luis Obispo’s court posts a separate authorization form for a depositor who wants bail used toward a fine.

How long it takes. No state law sets a deadline for the court to send the check after exoneration, and most courts do not post one. These do:

Lost or forgotten refunds. Money a superior court holds that “remains unclaimed for three years” can become the court’s property after public notice (Government Code 68084.1). If you moved, tell the clerk in writing with the case number and receipt number. For the premium and collateral side, see money back from bail bonds.

If the Defendant Misses Court: Cash vs Bond

This is where the two options differ most, and where the old version of this page was most wrong. It said the risk was “almost identical.” It is not.

The same law starts both clocks. When a defendant fails to appear “without sufficient excuse,” the court must “declare forfeited the undertaking of bail or the money or property deposited as bail” (PC 1305(a)). For amounts over $400, the clerk mails notice within 30 days “to the surety or the depositor of money posted instead of bail,” which adds five days to the window. If the defendant comes back to court, voluntarily or after arrest, within 180 days of the forfeiture, or within 185 days of the date the notice was mailed when notice is required, the forfeiture is vacated and “the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated” (PC 1305(c)). A cash depositor has the same right as a bail company to file motions: “The motion may be made by the surety insurer, the bail agent, the surety, or the depositor of money or property” (PC 1305(j)).

What happens next is completely different.

• With cash, you are on your own. No one is paid to find the defendant or to file the motion. If the window closes, the court already holds the money, so nothing more is needed to collect it. A Santa Clara County Counsel memo to the Board of Supervisors put it bluntly: “Because the court already has cash bail in its possession, 100% of forfeited cash bail is collected by the courts” (County Counsel memo, Oct. 4, 2016).
• With a bond, the bail company has every reason to act fast. It contacts the family, locates the defendant, arranges a surrender or a new court date, and files motions to vacate the forfeiture or extend the time (PC 1305.4). If the window closes anyway, the court enters “a summary judgment against each bondsman named in the bond” (PC 1306(a)), and if that judgment is not entered within 90 days after the date it first may be entered, the right to enter it expires and the bail is exonerated (PC 1306(c)). Only then does the cosigner’s agreement come into play. The same 2016 memo reported that “less than 1% of all surety bonds filed are ultimately forfeited” in Santa Clara County.

Even when a forfeiture is set aside, a court “shall impose a monetary payment as a condition of relief” to cover the actual cost of returning the defendant to custody, unless it finds costs should not be imposed (PC 1306(b)). For the full picture, see what happens if your bond is revoked, what a reinstatement is, and posting bail on an outstanding warrant.

Can You Switch From a Bond to Cash, or Cash to a Bond?

Bond to cash: yes. California law has allowed this since 1872: “If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated” (PC 1296). The bond ends, and the cash now secures the case. The premium already paid is not refunded, because the company carried the risk while the bond was in place.

Cash to bond: not by statute. No California statute gives a depositor the right to swap a cash deposit for a bond and take the cash back. A defense lawyer can ask the judge, but it is the court’s decision. If you are unsure whether you can afford to leave cash in place for the whole case, think about that before posting it.

Someone else taking over a bond is a different question. See can you transfer bail bonds to another person. If the bail company itself ends a bond by returning the defendant to custody, see what a bond surrender is.

Can a California Judge Require Cash-Only Bail?

Yes in a defined probation-violation proceeding. Other cash-only orders require a case-specific legal review.

The express exception. Penal Code 1203.25(c) generally favors release on recognizance at or after the initial hearing on a probation violation. The court may impose money bail only after the findings required by that section. If it does, subdivision (c)(2) defines bail as affordable cash and says a bail bond or property bond does not satisfy it. Subdivision (g) treats a separate new charge on its own terms.

Ordinary pretrial bail. The California Constitution says “A person shall be released on bail by sufficient sureties,” with listed exceptions (Cal. Const., art. I, sec. 12). Penal Code 1269b lets bail be accepted “in cash or surety bond,” and Penal Code 1295 frames cash as something a person “may deposit” instead of bail. Outside that probation-violation exception, we have not identified a general statute allowing a court to reject an otherwise valid surety bond solely to require cash in ordinary pretrial bail, and we found no published California appellate decision resolving that broader question.

What other states have held. Courts in states with similar “sufficient sureties” language have split. The Ohio Supreme Court held that “Cash-only bail is unconstitutional under Section 9, Article I of the Ohio Constitution” (Smith v. Leis, 2005). The Minnesota Supreme Court held that its constitution “prohibits a court from setting a monetary bail amount that can be satisfied only by a cash deposit in the full amount” (State v. Brooks, 2000). The Iowa Supreme Court went the other way and upheld cash-only bail in State v. Briggs (2003), with an exception when the bail setting absolutely bars the use of any surety. Idaho settled it by statute: a defendant “shall not be required to post bail in the form of a cash deposit” (Idaho Code 19-2907).

What matters more in California: the amount. The California Supreme Court has focused on whether bail is affordable, not on its form. In In re Humphrey (2021), it held that “The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional” (opinion). In In re Kowalczyk (April 30, 2026), it held that “Courts cannot use artificially high or objectively unattainable bail as an end run to effectuate pretrial detention where such detention is not authorized under section 12,” and that courts generally must set bail “in an amount that is reasonable and objectively attainable” (opinion).

If a California order or warrant says “cash only,” ask the defense attorney to raise it with the judge. A family that cannot reach the amount in cash or through a bond should tell the lawyer exactly what it can afford before the bail hearing. Our guide on how long it takes to see a judge explains when that hearing happens.

Which Should You Choose?

There is no right answer for every family, but these questions usually settle it.

Cash bail may make sense if all of these are true:

• You can go without the full amount for the entire case plus several weeks, without missing rent, a lawyer’s fee, or other bills.
• You fully trust the defendant to make every court date, including dates months from now, and to keep in contact.
• You are posting in your own name, not the defendant’s, or the defendant is unlikely to owe fines or restitution.
• You are comfortable handling a missed court date yourself, or paying a lawyer to.

A bail bond usually makes more sense if any of these are true:

• The full amount would drain savings, retirement, or money needed for a lawyer.
• The bail is large, or more than one case or county is involved.
• The defendant has struggled to make appointments before, has a history of missed court, or has an unstable address or phone.
• You want a professional handling reminders, paperwork, and any problem with a court date.
• You need release quickly and cannot gather the full amount in cash or a cashier’s check tonight.

Two myths to set aside. Cash bail does not give “more privacy.” The court issues the receipt in the depositor’s name (PC 1297), mails any forfeiture notice to the depositor (PC 1305(b)), and a bond’s amount and sureties are entered in the court’s register of actions (PC 1269). And a bond is not a loan that the family pays back: unless the defendant disappears and the bond is actually paid, the premium is the only cost.

If you are still deciding, see our beginner’s guide to bail bonds, the pros and cons of no-collateral bail bonds, and bail bonds for low-income families. If a judge might release the person with no money at all, read what released on own recognizance means.

How This Plays Out: Real California Cases

A bail amount no one could pay. Kenneth Humphrey, 66, was charged with robbery and burglary in San Francisco in 2017 after taking $5 and a bottle of cologne from a neighbor. Bail was set at $600,000, later reduced to $350,000, which he still could not post in cash or through a bond. The California Supreme Court held that “The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional,” and that a court setting money bail must consider what the person can pay (In re Humphrey (2021) 11 Cal.5th 135). The lesson for families: if the number is out of reach either way, tell the defense lawyer before the family empties its savings or signs for a bond it cannot carry.

A $7 cheeseburger and $75,000 bail. Gerald Kowalczyk, homeless and unemployed, tried to buy food in San Mateo County in 2021 using credit cards that belonged to other people. The court set bail at $75,000 (CalMatters, April 30, 2026), then denied bail altogether (opinion). The Supreme Court held that outside the narrow categories where the Constitution allows detention, courts “generally must set bail in an amount that is reasonable and objectively attainable” (In re Kowalczyk, April 30, 2026). The lesson: “attainable” is now the test, and what a family can realistically raise, in cash or in a bond premium, is part of the picture a judge should hear.

Stepparents who pledged their house. In Rico v. People (1979), stepparents offered the equity in their home as bail for their stepson. The trial court refused because the house was not his. The Court of Appeal ordered the court to accept the property, holding that Penal Code 1298 allows real property security “by others on behalf of the defendant” (opinion). The lesson: a property bond is a real option for relatives, but it puts the family home on the line.

Our own case: a $100,000 bond and a missed court date. In San Mateo County in August 2018, a $100,000 bond was posted through Bail Hotline. The defendant missed court the next month, and the bond was forfeited. Because it was a surety bond, the forfeiture ran against the insurance company, not the family, and the company went to court to fight it. The Court of Appeal ultimately held the bond exonerated because the trial court never entered summary judgment within the 90 days Penal Code 1306 allows (People v. Bankers Ins. Co., June 10, 2021). Had that family posted $100,000 in cash instead, the court would already have held the money, and no judgment deadline would have protected it.

A cosigner who was never warned. A woman cosigned a premium payment plan for a friend’s bail and stopped paying. When the bail company sued her, the Court of Appeal held that “A bail bond premium financing agreement between a cosigner and the bail bond agent is a consumer credit contract” that requires California’s written cosigner notice (BBBB Bonding Corp. v. Caldwell (2021) 73 Cal.App.5th 349). The lesson: a cosigner who agrees to pay a bond premium over time is entitled to California’s written cosigner notice, and a company that skips it may not be able to enforce that payment agreement. Read every page and keep copies.

What the Numbers Show (and What California Does Not Publish)

California does not publish how many people post cash bail versus a bail bond. The Judicial Council’s latest pretrial report counts 82,389 releases “on bail” out of 281,223 pretrial releases from July 2024 through June 2025, but it does not split cash from bonds, and “Year 4 does not include data from the Los Angeles court” (Judicial Council, April 2026). The California Department of Insurance wrote in 2018 that “There is a current lack of accurate and comprehensive statewide statistical information on the bail system” (CDI report, February 2018).

What we do know:

• In California, almost everyone who pays to get out uses a bond. “Nearly all who secure financial releases in California do so through bail bonds. In the rest of the nation, deposit bonds and, to a lesser extent, full cash bonds are more common” (PPIC, July 2015).
• Nationally, full cash bail is rare too. Among felony defendants charged in May 2009 in the 75 largest U.S. counties who were released before their cases ended, 49% were released on surety bonds and 5% on full cash bonds (Bureau of Justice Statistics, December 2013).
• Who shows up to court is debated. Pooling felony cases from 1990 to 2004, federal researchers found that 18% of people on surety bonds and 20% on full cash bonds missed a court date, but after controlling for other factors the predicted rate was 20% for both (BJS, November 2007). A 2004 study of 1988 to 1996 felony cases found no statistically significant difference between surety bond and cash bond defendants in showing up for court (a 1.7-point gap), but among those who did miss court, 21% of surety defendants were still fugitives a year later, compared with 40% on cash bonds (Helland and Tabarrok, Journal of Law and Economics, April 2004). A 2026 peer-reviewed reanalysis of 2009 federal data reached a different conclusion, finding lower odds of missing court on full cash bonds (a result the authors call somewhat sensitive to how the model is set up) and stating that “surety bonds do not outperform the alternatives for either outcome” (Stolzenberg and D’Alessio, Social Sciences, June 2026).
• Premiums add up. Researchers at UCLA estimated that people arrested by the Los Angeles Police Department paid “$193,786,349 in nonrefundable bail bond deposits to bail bond agents” from 2012 through 2016 (UCLA Million Dollar Hoods, 2017).
• Forfeited cash is always collected; most bonds never are. “Typically less than 20% of all bonds filed go into forfeiture proceedings and less than 1% of all surety bonds filed are ultimately forfeited,” Santa Clara County Counsel told supervisors in 2016 (memo).

Limits worth knowing. The national studies cover felony defendants in large counties and use data that is now 17 to 38 years old. People released on cash and on bonds are different groups to begin with, so none of these comparisons can prove that the type of bail caused the result. The UCLA figure is an estimate for one city. Treat all of it as background, not a prediction about one person’s case.

In Their Words

People in every seat of the system see cash bail and bail bonds differently.

A defendant, on paying a bond after his case went nowhere. Frank Robinson was arrested in Alameda County in December 2015; his mother cosigned his bond, and prosecutors never filed charges: “I don’t understand why I have to pay something when the charge was dropped.” (Human Rights Watch, April 11, 2017)

A woman freed on cash bail posted by a charity. Sandra’s bail in Los Angeles was set at $150,000, and the Bail Project posted her bail after it was lowered. A jury later found her not guilty on all charges: “If it wasn’t for The Bail Project, I don’t know what I would have done.” (The Bail Project)

A bail agent, defending money bail. Topo Padilla of Greg Padilla Bail Bonds in Sacramento: “We need to give the incentive for the defendant to go to court.” (Sacramento Bee via InsuranceNewsNet, August 20, 2026)

A civil rights lawyer, disagreeing. Salil Dudani of Civil Rights Corps, which represented Kowalczyk: “People aren’t fleeing justice. In the 21st century, you’re going to get picked up.” (same article)

A prosecutor, looking for the middle. Eric Siddall, vice president of the Los Angeles Association of Deputy District Attorneys, argued that “the solution isn’t zero-bail and it isn’t oppressive bail,” and that the answer is reasonable bail or release conditions. (LAist, May 16, 2023)

A Supreme Court justice. Justice Joshua Groban, concurring in Kowalczyk, on setting bail people cannot pay: “this practice, however common and longstanding it may be, is generally inconsistent with the constitutional right to pretrial release and with principles of equal protection and due process.” (CalMatters, April 30, 2026)

A judge sitting on that court by assignment, on what comes next. Court of Appeal Justice John Shepard Wiley Jr., in his own concurrence: “Today’s decision invites a legislative and executive response. I hope the invitation is accepted.” (same article)

Outside California: “Cash/Surety” in Other States and Federal Court

Most people searching “cash surety bond” are looking at a jail record outside California. The basic idea is the same almost everywhere: one amount, cash or a bond. The details are not.

If someone is held in another state, our guide to bailing someone out of jail in another state explains how that works.

County Guide: Posting Cash Bail or a Bond in All 58 Counties

California has one set of bail laws but 58 Sheriff’s offices and 58 superior courts, and each handles the counter work its own way. This table shows what each county’s official Sheriff, county, or court website says about posting cash bail, whether the court posts rules for property bonds, and whether it posts how long cash bail refunds take. Everything was checked on those official sites in September 2026. Where a county says nothing online, we say so rather than guess.

A few things apply everywhere, whether or not a county posts them:

• A licensed bail agent posts the bond at the jail where the person is held, and the bail company handles that paperwork. A few counties add local rules: Plumas County, for example, requires bail agencies to be registered with its superior court before they can post.
• Call the jail first to confirm the exact bail, whether there are any holds, and what the cashier accepts today. A hold from another county or agency can mean no release even after bail is paid.
• Bring government ID and expect cash to need the exact amount.
• Keep the receipt, in the name of the person who put up the money.
• Refund rules come from state law (PC 1297) even where the court posts no timeline.

To find which jail someone is in first, use our inmate locator guide. For each county’s court, case lookup, and bail schedule, see the county sections in what happens if your bond is revoked.

What Families Should Do Before Posting Bail

1. Confirm the bail and any holds. Call the jail or check its locator. Ask for the total bail on every charge, whether anyone has placed a hold, and whether release is expected once bail is posted.
2. Read the label. “Cash/surety” means you can choose. “Cash only” means a bond will not be accepted; ask a lawyer to raise it. “No bail” means no amount will work yet.
3. Ask when the person will see a judge. Bail can change at the first court appearance, and a judge can release someone with no money at all. If arraignment is soon, find out whether a lawyer can ask for a lower amount or release on conditions.
4. Be honest about the money. Could you manage without the full amount for the whole case and several weeks after? If not, a bond is likely safer for the household.
5. Be honest about the person. Will they make every court date, including ones months away? If there is real doubt, do not put your savings in the court’s hands with no one working to protect them.
6. If you post cash, post it in your own name. Keep the receipt, read before signing anything on it, and give the court your current address.
7. If you use a bond, check the license and read the agreement. Look up the agent with the Department of Insurance. Get the premium in writing, get copies of everything you sign, and ask what collateral is needed and when it comes back.
8. Put every court date in writing, with reminders, for both the defendant and whoever posted bail.
9. If a court date is missed, act that day. Call the defense lawyer and the bail company. The 180-day window is the family’s best protection, whichever way bail was posted.
10. When the case ends, confirm exoneration. Then claim cash bail with the receipt, or ask the bail company to return collateral. See bond exonerated.

How Bail Hotline Can Help

Everything above this section is written to be useful whether or not you ever call us. This is the one place we talk about ourselves.

Bail Hotline is a family-owned California bail bond company, in business since 2004 and licensed through our parent company, DMCG, Inc., with the California Department of Insurance (license #1845394). Our agents answer 24 hours a day, 7 days a week, at (888) 958-1228.

Looking at a cash/surety bail you cannot cover in cash? This is where we do our best work

It is 2 a.m., the jail website says “$50,000 cash/surety,” and someone in your family is about to empty a savings account, pull from a retirement fund, or borrow from everyone they know to post it in cash. Or the money simply is not there, and it feels like there is no way to bring your person home. That moment is exactly what a surety bond exists for, and it is where we want to be your first call.

• We explain the number before you spend a dollar. We tell you what the bail amount means, what a bond on it would involve, and what posting cash would really tie up, in plain English. If cash truly is the better choice for your family, we will say so.
• We keep your savings in your bank account. A bond lets the court hold our company’s promise instead of your money, so the rent, the car payment, and the lawyer’s retainer stay where they are.
• We handle the jail. Our dedicated posting agents work around the clock and post the bond at the jail, so you are not standing in a lobby at night with a cashier’s check.
• A large, complicated, or out-of-county bond is not an automatic no. Big numbers, more than one case, or a jail in another county are things we work through every day.
• We walk every cosigner through the agreement before anyone signs, so you know what you are promising, what you are not, and when your part ends.
• We help your person keep every court date. Clients get text reminders of their court dates, because a defendant who keeps coming to court is the best protection a cosigner has.

Every case is different, and some decisions are not ours to make. The jail and the judge control release, a hold from another agency can stop it, and a judge can change bail at any hearing. We cannot promise a particular result. But a family that calls before posting cash almost always has more options than it expected.

If a court date gets missed

• Call us that day. An honest mistake, a hospital stay, or an arrest in another county is often fixable inside the 180-day window, and we walk clients through clearing a warrant step by step.
• If a client does go missing, we work with American Locator and Recovery, a trusted partner we have worked with for a long time, to help bring them back to court within the window. That protects the cosigner too.
• Cash has no one working for it. If you posted cash and the defendant misses court, the deposit is yours to save. Call a defense lawyer right away.

Find the office closest to the court handling the case:

Questions about how bail works before you call? Our bail FAQ answers the common ones.

Frequently Asked Questions

What is a cash surety bond?

“Cash surety bond” is a common way of reading a jail record that says “cash/surety.” It means one bail amount that can be posted either in full cash or through a surety bond (a bail bond) for the same amount. It is not a special kind of bond. You pick one method, and the dollar figure is the full bail either way.

What does a $50,000 cash surety bond mean?

Bail is $50,000. You can deposit $50,000 with the jail or court, which comes back after the case if every court date is kept, or a licensed bail agent can post a $50,000 bond for a premium that is not refunded. The premium is set by the company’s rate filed with the California Department of Insurance, so ask for the exact amount in writing.

What is a surety bond for jail?

It is a bail bond: a written promise by a licensed bail agent, backed by an insurance company, to pay the court the full bail if the defendant does not appear. In California, only licensed agents of admitted surety insurers can write one, and courts must accept a properly executed bond (PC 1276).

Do you get a cash bond back?

Yes, if every court date is kept. After the court exonerates bail, a family member who posted it gets it back by claiming it with the receipt, and the law says it must be returned within 10 days of that claim (PC 1297). If the defendant posted the cash, restitution, fines, and costs come out first. If the defendant misses court and does not come back within the forfeiture window, the court keeps it all.

Is a surety bond refundable?

The premium is not. The Department of Insurance says, “Premiums are nonrefundable even if charges are dropped.” The narrow exception is an early surrender: if a bail company returns the defendant to custody before a court date, state regulations require it to return the premium, although it may keep certain out-of-pocket expenses when concealed information, court action, or other reasonable cause substantially increased its risk (10 CCR 2090). A judge can also order the premium returned after a surrender (PC 1300). Collateral is returned once the bond is exonerated.

Is it better to pay cash or use a bail bond?

Cash costs nothing in the end if everything goes right and you can go without the money for the whole case. A bond costs a premium but keeps your savings free and puts a licensed company to work if anything goes wrong. In California, “Nearly all who secure financial releases” use bail bonds, according to the Public Policy Institute of California. See which should you choose.

Can a bail bondsman pay a cash-only bond?

No. If a court lawfully requires cash only, a bail bond will not satisfy that order. Penal Code 1203.25(c)(2) expressly defines money bail as cash for the specified probation-violation release proceeding after required findings. A separate new charge is assessed on its own terms. For another cash-only order, ask defense counsel to review the order and its legal basis.

What does a surety bond mean when someone gets arrested?

It means the person can be released if a bail agent posts a bond for the bail amount. The family usually contacts the bail company, signs an agreement, pays the premium, and the agent posts the bond at the jail. Release timing then depends on the jail. Kern County’s Sheriff, for example, says on its Lerdo Pretrial page that the release process after bail is posted “can take up to 8 hours.”

What is the difference between a cash bond and a property bond?

A cash bond is money deposited for the full bail. A property bond pledges real estate equity worth twice the bail, approved at a court hearing (PC 1298). A property bond ties up no cash, but it takes paperwork and time, and the property can be sold if the defendant disappears.

Who gets the cash bail refund, the defendant or the person who paid?

The person named on the receipt. California requires the receipt to be issued “in the name of the depositor,” and a third-party depositor is refunded after judgment by submitting that receipt (PC 1297). That is why a family member should post cash in their own name.

Can I switch from a bail bond to cash bail later?

Yes. Under PC 1296, a defendant may deposit the bail amount at any time before a forfeiture, and the bond is then exonerated. The premium already paid is not refunded. Switching from cash to a bond is up to the judge.

What happens to a cash bond if charges are dropped?

Bail is held for 15 days after a dismissal in case the person is charged again for the same act (PC 1303). After that, the deposit is refunded to the defendant or the person who deposited it (PC 1384). See what happens to bail money if charges drop.

Why We Publish This

Most pages about cash and surety bonds are written for the whole country, or for construction bonds, and many repeat things that are not true in California. Families deserve a straight answer about what that label on a jail record means and what each choice really costs, before they make a decision at the worst moment of their year. We rebuilt this guide from the statutes, court opinions, research, and each county’s own websites so it is useful whether you post cash, use a bond, or never call us at all.

This guide is general information, not legal advice. Laws, bail schedules, and jail procedures change, and every case is different. For advice about a specific case, talk to a criminal defense attorney.

Sources and Further Reading

California law

• California Constitution, article I, section 12
• Penal Code 1269, 1269b, 1276, 1275.1, 1276.1, 1295, 1296, 1297, 1298, 1300, 1303, 1305, 1305.4, 1306, 1384
• Insurance Code 1800; Government Code 68084.1; Government Code 7923.610
• California Code of Regulations, Title 10: 2081, 2088, 2088.2, 2090, 2099
• California Department of Insurance, bail bonds consumer page
• 26 U.S.C. 6050I (cash bail over $10,000 in certain cases)

Court decisions

• In re Humphrey (2021) 11 Cal.5th 135
• In re Kowalczyk (Cal. Supreme Court, April 30, 2026)
• People v. Bankers Ins. Co. (Cal. Ct. App., June 10, 2021)
• BBBB Bonding Corp. v. Caldwell (2021) 73 Cal.App.5th 349
• Rico v. People (Cal. Ct. App., 1979)
• Other states: Smith v. Leis (Ohio 2005), State v. Brooks (Minn. 2000), State v. Briggs (Iowa 2003)

Research and data

• Judicial Council of California, Pretrial Services Program Year 4 report (April 2026)
• Public Policy Institute of California, Pretrial Detention and Jail Capacity in California (July 2015)
• California Department of Insurance, Recommendations for California’s Bail System (February 2018)
• Bureau of Justice Statistics, Felony Defendants in Large Urban Counties, 2009 (December 2013)
• Bureau of Justice Statistics, Pretrial Release of Felony Defendants in State Courts (November 2007)
• Helland and Tabarrok, “The Fugitive,” Journal of Law and Economics (2004)
• Stolzenberg and D’Alessio, “Release Mechanism and Pretrial Failure in Large Urban Counties,” Social Sciences (2026)
• UCLA Million Dollar Hoods, The Price for Freedom (2017)
• Santa Clara County Counsel, bail forfeiture memo (October 4, 2016)

Reporting

• CalMatters, April 30, 2026
• Sacramento Bee via InsuranceNewsNet, August 20, 2026
• LAist, May 16, 2023
• Human Rights Watch, “Not in It for Justice” (April 11, 2017)
• The Bail Project, Sandra’s story

Outside California

• Idaho Code 19-2907 and 19-2908
• Texas Code of Criminal Procedure art. 17.02
• Ohio Revised Code 2937.011; Michigan Court Rule 6.106; Nebraska Rev. Stat. 29-901
• Kentucky KRS 431.510; Wisconsin Stat. 969.12
• 18 U.S.C. 3142