When an individual is arrested for a crime in the State of California, typically that person will be taken to a local law enforcement station for booking, prior to incarceration in a station lock-up or county jail. Once arrested and booked, the defendant has several options for release pending the conclusion of his or her case.

The bail system is designed to guarantee the appearance of a criminal defendant in court at the time the judge directs.

CASH
To be released on cash bail, an individual must post with the court the total amount of the bail, in cash, to secure his or her return to court on an appointed date, and thereafter until the case is concluded. Full cash bonds provide a powerful incentive for defendants to appear at trial. If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her. If s/he fails to appear, the cash bond is forfeited to the court.

SURETY BOND
An alternative to cash bail is the posting of a surety bond. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agents guarantee is made through a surety company and/or by the pledge of property owned by the agent.

For this service, the defendant is charged a premium. To be released pursuant to the posting of a surety bond, the arrestee or a relative or friend of the arrestee, typically contacts a bail agent, an individual licensed by the State of California to post surety bonds. Prior to the posting of a surety bond, the bail agent undertakes a detailed interview of the proposed guarantor of the surety bond, as well as of the arrestee and relatives of the arrestee, as part of the underwriting procedure for bond.

By involving the family and friends, as well as through the acceptance of collateral, the bail agent can be reasonable assured that an individual released on surety bond will appear at his or her appointed court date, as required, until the case is adjudicated.

After this procedure is concluded, if an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the arrestee's return to court.

With his money on the line, a bail agent has a financial interest in supervising bailees, and ensuring that they appear for trial. If a defendant "skips", the bail agent has time and the financial incentive to find him/her and bring him/her in. Significantly, commercial bail bond agents profit only when the defendant shows up for trial. Judges acknowledge that bail agents have highly efficient methods to get defendants to court.

OWN RECOGNIZANCE
Another method of release pending trial is through a county or law enforcement administered pretrial release program. Usually, the staff members of these programs interview individuals in custody and make recommendations to the court regarding release of these individuals on their own recognizance (i.e., without any financial security to insure the interviewee's return).