BY | December 3, 2025

When a person is arrested for a crime, they may initially be booked into custody and then released shortly after. The release could be through the bail bond process. The bail and bail bond process is only one way a person booked into custody may be released before their court trial. Another one that you should know about, particularly because it relatively resembles bail and bail bonds in particular ways, is called pretrial release. This blog explains the differences between these two formats.

Bail vs. Pretrial Release in Santa Ana

Technically, pretrial release is a broader term that includes the bail system. Bail is one of the methods used to secure release from custody before trial, otherwise known as pretrial release. In fact, the bail system has been the default method of pretrial release in California for a long time. However, in a practical sense, these terms are usually used differently.

The term “bail” is utilized to particularly describe cases where the accused person (or their family or friends) deposits money with the court to be released from jail. Pretrial release is a release of an accused person on other specific conditions, though not those associated with depositing a financial sum.

Bail Basics

As mentioned, bail permits defendants to be released from jail and wait for their trial while free. In essence, it is a financial promise that the accused will make the necessary court appearances. A judge sets the amount of bail based on several factors, including how severe the defendant’s crime is, whether the defendant is a flight risk, and the defendant's criminal record.

There are various methods of posting bail in California:

• Cash bail. Here, the accused person, or their friends or family, deposit the whole bail value in cash. When the case is over, the court returns the money, provided the accused made all the court appearances.
• Surety bond or bail bond. Many defendants turn to bond companies for help. A bail bond entails a bondsman depositing the entire bail value in exchange for a nonrefundable fee. This fee is generally 10 percent of the total bail amount. If the accused fails to attend court hearings, the bondsman will be held accountable for the entire bail value.
• Property bond. Rather than cash, an accused person can offer collateral to secure their release from jail. This may include a home, car, or any other valuable property. Should the accused fail to attend hearings, the court might seize and sell their collateral to recover the bail value.

The benefit of bail and bail bonds is that they ensure the accused person appears for their trial, as missing court will lead to losing the bail or bond amount. Bail and bail bonds also incentivize the accused person to continue obeying the law during the pretrial period, because any additional criminal conduct will lead to bail revocation.

One drawback of the bail system is its inherent bias towards people who cannot afford to post bail. That means defendants with lower earnings will likely stay in custody while waiting for trial, even if they might be innocent.

Pretrial Release Options

In addition to traditional bail and bail bonds, jurisdictions also offer various pretrial release options. The purpose of these programs is to give alternatives for defendants who pose a minimal risk to society or cannot afford to pay bail. The programs permit accused persons to walk free under particular conditions without paying bail. They include the following:

• Citation release. Also known as "cite and release," the arresting officer grants this form of pretrial release at the scene of arrest. It is whereby, after a police officer arrests a suspect for suspected illegal conduct, they do not bring them into custody for official booking. Instead, the arresting officer issues them a citation and releases them on the condition that they will appear in court on the required date. This form of pretrial release applies primarily to low-level misdemeanors.
• Own Recognizance (O.R.) release. Judges grant O.R. release depending on the accused person's promise to attend court without posting bail. In this case, the defendant only has to sign a written promise to attend court when necessary. Own recognizance release is an option for defendants with a low risk of flight and strong community and family ties.
• Pretrial diversion. This is a conditional release that requires the defendant to complete specific programs, like education or treatment. If the defendant completes their diversion program, the court will dismiss their charges and seal their record.
• Pretrial supervision. This involves release under the supervision of a pretrial officer. It can include conditions such as travel restrictions, regular check-ins, and home confinement.

Pretrial release programs are advantageous because they do not create a case of inequality between defendants from differing financial backgrounds. They are also beneficial to the state since they save it funds in preventing the detention of people incapable of paying bail. These programs can also provide accused persons with the much-needed support and guidance through the pretrial period, as the legal system holds them responsible.

One of the disadvantages of pretrial release is the constant risk that the accused will miss court hearings or commit additional crimes, thereby evading justice.

Knowing the options available for pretrial release and bail is critical for persons navigating the legal justice system. You want to partner with a professional, such as a lawyer, who can champion for you to obtain the most favorable release option depending on the case specifics.

Federal and Local

Pretrial release is a federal and local service in California. In local situations, judges generally have complete discretion over whom to grant pretrial release to and whom to hold for bail. The judges consider several factors. In federal jurisdictions, the decision on who is granted pretrial release or held for bail is usually made using pretrial service programs that collect information and evaluate the defendant's risk.

Find an Experienced Bail Bondsman Near Me

If you want to learn more about pretrial release options, bail, and bail bonds in Santa Ana, an experienced bondsman can help you. And if you have been arrested anywhere in California, we at Future Bail Bonds can assist you in posting bail if you do not qualify for other forms of pretrial release programs. We provide round-the-clock bond services to defendants who are qualified to secure their pretrial release using bail but lack the necessary funds to cover the bail amount. Call us at 714-515-5154 for a consultation.