blog home Criminal Defense Understanding Bail and Pretrial Release Options in California

Understanding Bail and Pretrial Release Options in California

By Los Angeles Criminal Defense Attorney on September 7, 2025

For anyone arrested in California, one of the first concerns is securing release from custody. Understanding the bail process and available pretrial release options is critical to safeguarding your freedom and preparing a strong defense.

At Werksman Jackson & Quinn LLP, we know how to navigate the court procedures efficiently and fight for the release terms that best serve our clients.

The Bail Process in California: An Overview

Bail is a financial arrangement that allows a defendant to be released from custody while awaiting trial. Its primary purpose is to ensure that the accused returns to court as required. The amount and terms of bail depend on several factors, including the nature of the charges, prior criminal history, and risk of flight.

Setting Bail Amounts

In California, bail amounts are generally determined by county bail schedules, which set standard amounts for various offenses. However, judges have discretion to increase or reduce the amount based on the specific details of the case. Judges may also deny bail entirely in cases involving capital crimes or if they believe that the defendant poses a serious threat to the community.

Key factors that influence bail include:

• The severity of the alleged offense
• The defendant’s criminal history
• Assumed risk to public safety
• Perceived risk of flight or failing to appear in court

Bail Hearing

A bail hearing is a defendant’s opportunity to argue for lower bail or alternative release. At Werksman Jackson & Quinn LLP, we present compelling evidence and legal arguments to persuade judges to reduce or eliminate bail based on our client’s circumstances.

What Are Bail Bonds?

If a defendant or their family cannot afford the full bail amount, they may turn to a bail bond agency. A bail bond is a financial guarantee posted by a licensed bondsman, who typically charges a non-refundable fee (usually 10% of the bail amount).

While bail bonds can facilitate release, they also involve financial liability for the full bail amount if the defendant fails to appear. There may be requirements for collateral (e.g., property, vehicles), and stringent conditions may be imposed by the bail bondsman.

We advise our clients on the risks and benefits of using bail bonds, helping them make informed decisions.

Pretrial Release Without Bail

California law allows several options for pretrial release without the need for monetary bail. These options are increasingly favored by courts seeking to reduce jail overcrowding and ensure fairness.

Own Recognizance (OR) Release

We advocate aggressively for OR (own recognizance) release. OR release allows a defendant to leave custody without posting bail, based solely on their promise to appear in court. This option is more likely for:

• Non-violent offenses
• Defendants with no prior criminal record
• Individuals with strong community ties

Supervised Pretrial Release

In some cases, courts impose supervised release conditions instead of bail. These conditions may include:

• Regular check-ins with pretrial services
• Electronic monitoring or GPS ankle bracelets
• Drug or alcohol testing
• Curfews and travel restrictions

Supervised release allows defendants to remain at home, maintain employment, and prepare their defense. We advocate for the least burdensome requirements for our clients.

Judicial Discretion and Reform

Due to recent legal reforms, many jurisdictions in California now conduct risk assessments to evaluate a defendant’s likelihood of appearing in court and potential danger to the public. Judges use this information to decide whether release is appropriate and under what conditions, moving away from a one-size-fits-all monetary bail system.

Legal Rights During the Bail Process

Defendants have important legal rights during all stages of pretrial detention:

• Right to be informed: You must be told the reason for your arrest and your right to an attorney.
• Right to a timely bail hearing: You must be brought before a judge promptly, usually within 48 hours.
• Right to legal counsel: You are entitled to representation during bail hearings.
• Right to due process: Courts must follow proper procedures and consider all relevant factors when setting or denying bail.

At Werksman Jackson & Quinn LLP, we stand with our clients from the moment of arrest, ensuring their rights are fully protected and their voices heard.

Special Considerations for High-Profile or Complex Cases

For clients facing serious charges or public scrutiny, bail and pretrial release can be more complicated. Factors like media attention, perceived flight risk, or international ties can lead to higher bail or stricter conditions.

We develop tailored bail strategies that address these concerns and maximize the chances of pretrial freedom. Our attorneys are highly experienced in presenting alternative security arrangements, negotiating with prosecutors, and vigorously responding to restrictive court orders.

Alternatives to Bail

In situations where traditional bail is not feasible or advisable, we explore alternative legal tactics, including:

• Filing for bail reduction motions
• Requesting conditions-based release with community supervision
• Challenging the constitutionality of excessive bail

Our proactive and aggressive approach allows clients to resume their lives while awaiting trial, rather than sitting behind bars.

The Role of Legal Counsel

Having the right defense attorney during the bail process is crucial. At Werksman Jackson & Quinn LLP, our legal team’s courtroom reputation and strategic acumen make a powerful difference in these high-pressure situations. We:

• Represent clients at bail hearings
• Gather favorable evidence and witnesses
• File motions for release or reduction
• Communicate with family members and bail agents
• Prepare clients for what to expect after release

Why Choose Werksman Jackson & Quinn LLP?

We are not just any defense firm. Our attorneys are among California’s most respected and sought-after legal professionals who fight to keep our clients out of custody and fully empowered to defend themselves.

Founding partners Mark Werksman, Alan Jackson, and Kelley Quinn bring decades of experience and a track record of excellence in defending high-stakes cases. As a result, clients benefit from a unified team approach and aggressive advocacy at every phase of the case.

Speak With Our Experienced Criminal Defense Lawyers in Los Angeles

If you are facing a criminal charge, do not wait to talk to an attorney! The bail process in California moves quickly, and your legal rights must be protected immediately.

At Werksman Jackson & Quinn LLP, we offer swift, strategic guidance and tireless defense from the moment of arrest. Call us at (213) 688-0460 to find out more. Let our criminal defense attorneys help you secure the most favorable pretrial release possible.