If you’re ever under arrest in San Bernardino, or if a loved one gets arrested and booked somewhere in San Bernardino County, then you may be feeling overwhelmed and unsure of where to start with the bail process.

The bail process is one that we’ve helped countless people navigate before, and we can break down each component of the process for you so that you can be equipped with the knowledge you need and feel confident about the process ahead.

What Exactly Is Bail?

The court determines how much a defendant would need to pay in order to be released from jail before their trial takes place. The amount that needs to be paid is bail, and it is often set beyond the means of what someone could comfortably pay all at once, so there are multiple ways that bail can be posted—without having to pay the full amount yourself.

This bail money is paid to ensure that the defendant will be at court for all scheduled hearings. If the defendant holds up their end, making all court appearances as required and meeting any conditions of release, then they will get their bail money back once the trial is wrapped up. If a defendant doesn’t make it to a court hearing, however, then they forfeit bail and will have a warrant made for their arrest.

How Bail Is Determined

In San Bernardino County, bail can be set:

Ahead of time on the arrest warrant
By the county’s schedule for felony and misdemeanor bail
By a magistrate or judge, who can also deny bail

Why not just use the bail schedule? For the most part, the schedule does not make specific bail amounts mandatory; instead, it offers guidelines that can be used or ignored at the judge's discretion.

Some of the main factors that influence a judge’s decision on bail include:

The seriousness of the charge(s) involved
Any prior arrests and/or convictions on a defendant’s record
The likelihood that a defendant will skip town to avoid trial (are they a flight risk?)

Depending on these factors, a judge might set bail higher or lower than the schedule's guidelines, they might affirm the bail schedule, or they might even deny bail altogether, deciding that the defendant should not be released before trial for any amount. In other cases, a judge might not require bail at all, even if the bail schedule says otherwise. The judge has the discretion to allow the defendant to be released from jail on their own recognizance, that is, without having to pay bail first.

The Bail Process in San Bernardino

In cases where bail has been set, then a defendant or their loved ones must come up with the money to get them released from jail. If they don’t post bail, then the defendant must stay in jail until trial.

If you want to post bail in San Bernardino, you can do so with:

Cash Bail: You can simply pay the full bail amount to the court. If the defendant makes it to all their court hearings, then you will get the bail money back, with fees and/or fines subtracted from the amount if applicable.
Bail Bond: If you can’t pay the full bail amount, a licensed bail bondsmen can put up the money for you. A bail bond is a surety bond that a bondsman can provide after you pay the bondsman. You would pay the bondsman a non-refundable fee, typically 10% of the bail amount, then the bondsman is on the hook for the rest of the bail amount. If the defendant doesn’t make it court hearings, then the bondsman will have to pay the rest of the bail amount to the court, then will likely seize whatever you had put up for collateral.
Property Bond: You might put up collateral directly with the court instead of paying the bail amount. So, if you pledged some real estate as collateral to the court, and the defendant failed to appear in court, the court could then foreclose on your property to get their bail money.
Surety Bond: A third party, often a trusted relative or friend, will sign a pledge to pay the full amount for bail if the defendant doesn’t appear in court. This third party becomes the “surety”, the person who is taking financial responsibility for the bail amount and defendant.

Posting Bail in San Bernardino

First, you’ll have to find out exactly how much bail is; the San Bernardino County guidelines aren’t a guarantee on how much bail will be. Either at an arraignment hearing, or by calling the jail or courthouse, you can find out exactly what charges are involved, and for how much bail is set.

With that knowledge in hand, you can then decide which type of bond you’ll use, or if you can pay cash bail. If you go the bail bond or surety bond route, you will also need to sign some legal agreements that cover your financial responsibility for the defendant if they don’t make their court appearances.

However it is managed, once you have posted bail, the defendant can be released from jail. The defendant needs to know when they need to appear in court, and to abide by any of the conditions of their release, such as not drinking or not contacting certain people.

What If I’m Unable to Post Bail?

If you can’t come up with the money for bail yourself, that doesn’t automatically mean that you or your loved one will have to sit in jail until trial. You still have other options to secure a release from jail.

Some of your other jail release options include:

Bail Bondsman: With a licensed bail bondsman, you only have to pay a fraction of the bail amount in order to secure the defendant’s release.
Pretrial Release Programs: San Bernardino County has a program that allows those charged with non-serious, non-violent crimes to be released on their own recognizance, that is, without paying bail. Not every defendant is eligible, and those who do qualify may also need to comply with certain conditions, such as meeting up with a pretrial officer from time to time.
Bail Reduction: If bail is set for an unreasonably high amount, the defendant can have their attorney petition for a reduction of bail. The attorney can then try to convince the judge at the bail reduction hearing that the defendant’s circumstances justify setting a lower bail amount. If the judge grants a reduction, then bail might be set for a more manageable amount.

Make Sure You Understand Your Bail Options in San Bernardino

At Dan's Bail Bonds, Dan Nesser can be directly reached 24/7 to provide help. He genuinely cares about helping people through these tough situations and legal processes. As a licensed bail bondsmen for more than 20 years, he can listen to the details of your situation, and he can provide advice on whether you should wait or post bail. If he thinks you should wait, Dan will be honest about whether an own-recognizance release is likely, or if your money should go toward hiring a defense lawyer instead.

You don’t have to face the bail process in San Bernardino alone. Call (888) 773-8037 today to find trusted bail help.