What Is Bail in San Bernardino County Criminal Cases?
When someone is arrested in San Bernardino County, one of the first concerns is whether bail is available and how release from custody works. Bail plays an important role in criminal cases handled in San Bernardino County Superior Court, which serves cities such as Fontana, Rancho Cucamonga, Victorville, and Montclair.
This article explains what bail is, its purpose, whether bail money is returned, how bail works in simple terms, and how bail decisions are made in San Bernardino County criminal cases.
What Is the Definition of Bail?
Bail is a financial condition set by the court that allows a person who has been arrested to be released from custody while their criminal case is pending in San Bernardino County Superior Court.
Bail is intended to ensure that the defendant:
- Appears at all required court hearings
- Complies with court-ordered conditions
Bail is not a punishment and does not determine guilt or innocence.
What Is Bail in Simple Terms?
In simple terms, bail is a promise backed by money.
The court allows a defendant arrested in Fontana, Rancho Cucamonga, Victorville, Montclair, or another San Bernardino County city to remain out of jail while their case proceeds, as long as they return to court as required.
What Is the Purpose of Bail in San Bernardino County?
The purpose of bail is to:
- Ensure court appearances
- Allow defendants to remain out of custody while their case is pending
- Protect the integrity of the court process
Judges in San Bernardino County Superior Court use bail as one tool to balance public safety with a defendant’s constitutional rights.
How Is Bail Set in San Bernardino County Superior Court?
In San Bernardino County criminal cases, bail may be:
- Set according to the county bail schedule
- Reviewed or modified at arraignment
- Determined by a judge based on the facts of the case
Judges may consider:
- The seriousness of the alleged offense
- Prior criminal history
- Risk of failing to appear
- Public safety concerns
In some cases, a defendant may be released without bail, depending on the circumstances.
What Does a Bail Company Do?
A bail company (also known as a bail bond company) helps defendants who cannot afford to post the full bail amount set by the court. Instead of paying the entire bail to the court, the bail company posts a bond guaranteeing the defendant’s appearance in court.
In San Bernardino County cases, a bail company may:
- Post bail on behalf of a defendant
- Secure the defendant’s release from custody
- Be financially responsible if the defendant fails to appear
Using a bail company affects custody status only and does not impact the outcome of the criminal case.
Do You Get Bail Money Back in San Bernardino County?
Whether bail money is returned depends on how bail is posted and whether the defendant appears at all required court hearings.
If bail is posted directly with the court:
- Bail may be returned at the conclusion of the case
- Administrative court fees may be deducted
If a bail company is used:
- The money paid is a non-refundable fee
- The fee is payment for the service of posting the bond
- It is not returned, even if the case is dismissed
The return of bail posted with the court does not depend on the case outcome, only on compliance with court appearances.
How Much Do Bail Companies Charge in California?
In California, bail companies charge a state-regulated, non-refundable premium, typically calculated as a percentage between 5 to 10% of the total bail amount. Additional collateral may sometimes be required, depending on the case.
This fee is separate from:
- Court fines
- Penalties
- Attorney fees
Does Bail Mean the Case Is Over?
No. Posting bail only affects custody status.
A defendant released on bail in Rancho Cucamonga, Fontana, Victorville, or Montclair must still:
- Appear at all court dates
- Follow court-ordered conditions
- Resolve the criminal charges
The case continues until it is dismissed, resolved by plea, or decided at trial.
Can Bail Be Changed After It Is Set?
Yes. Bail can be reviewed or modified by a San Bernardino County judge if:
- New information becomes available
- The defendant complies with court conditions
- Circumstances change
Bail review commonly occurs at or after arraignment.
Frequently Asked Questions
What is bail in San Bernardino County criminal cases?
Bail is a financial condition set by San Bernardino County Superior Court that allows a defendant to be released from custody while their criminal case is pending.
Do you get bail money back in California?
If bail is posted directly with the court and the defendant appears at all required hearings, bail is typically returned at the end of the case, minus any applicable court fees.
Is bail the same as a fine?
No. Bail is not a fine or punishment. It is a temporary condition used to ensure court appearances.
Does everyone get bail in San Bernardino County?
Not always. Bail eligibility depends on the charge, criminal history, public safety concerns, and the judge’s discretion.
Final Thoughts – Kirk Tarman
Bail is often one of the most confusing aspects of a criminal case. Understanding how bail works in San Bernardino County Superior Court—including cases arising in Fontana, Rancho Cucamonga, Victorville, and Montclair—can help individuals and families make informed decisions early in the process. Early legal guidance can help address custody status, court conditions, and the next steps in a criminal case.
This content reflects current California and San Bernardino County criminal procedures as of 2026.
Written by: Kirk Tarman, Criminal Defense Attorney
Reviewed by: The Law Offices of Kirk Tarman & Associates
Serving: San Bernardino County, including Fontana, Rancho Cucamonga, Victorville, and Montclair