What Is the Difference Between Bail & Bond?

In most instances, when a person is arrested, they are afforded the opportunity to post Bail or Bond. While they accomplish the same function, that is releasing the person from custody, there is a difference between the two.

Bail

California Courts have established a Uniform Bail Schedule, which outlines the bail amount for each type of crime. When a person posts bail, they are depositing the entire amount listed in the Uniform Bail Schedule to ensure that the subject shows up for court. Deposited monies will be returned after the appearance of the individual bailed out and according to the rules established by the court receiving the bail. The Fullerton Police Department accepts bail on arrests by any of the following methods:

• Cash
• Cashier’s Check
• Money Order
• Personal Check from a California Bank (up to $5,000.00 dollars)
  • All Checks and Money Orders are to be made payable to “North Justice Center” unless specified differently.
  • Note that the Fullerton Police Department does not accept payment by credit card.

Bond

The term “bond” refers to a deposit of a Surety Bond by a Licensed Bail Bond Company for the amount of the bail. The Fullerton Police Department and its Jail employees will not recommend any specific Bail Bond Company. Bail Bond Companies can be located in the telephone book and they can provide specific’s regarding fees and cost associated with the use of their services. Typically, the difference between Bail and Bond is that the Bail Bond Company will generally accept items as collateral to secure the bond, and they will charge a percentage of the total bond amount.

How Do I Bail or Bond Out If I’m Arrested?

All inmates booked in the Fullerton City Jail are eligible to be released on bail or bond, unless specified by warrant, court order, bail schedule, or the level of the inmate’s intoxication makes it unsafe to release the inmate.

In the event you are arrested, you will be allowed to make a phone call to arrange bail or bond. If you have the present ability to post bail or can have a family member post bail for you, you will be released upon the completion of the booking process and completion of the necessary paperwork related to the bail. In the event that you elect to use a Bail Bond Company, once the bondsman posts the surety bond, and you have completed the booking process, you will be released.

How Do I Know What My Bail Will Be?

During the booking process, you will be advised of the charges pending against you. The jailer will be able to advise you of the amount of your bail. Please note that in some instances, your bail may be raised pursuant to the California Penal Code. This is known as a bail enhancement and occurs in some cases where it is believed that the release of an arrested subject on bail will likely result in the instant crime continuing.

The bail schedule is established pursuant to the Uniform Bail Procedures Committee and approved by the judges of the Orange County Superior Court. You can view the Bail Schedule at:http://www.occourts.org/directory/criminal/felonybailsched.pdf

For any other questions or inquiries, contact the Fullerton Police Department Jail at (714) 738-6759 or (714) 738-6722.