Can an Undocumented Person Get Bail in California?

California criminal courts set bail based on the charge, the defendant's criminal history, and their ties to the community — not their immigration status. An undocumented person arrested on a criminal charge has the same constitutional right to bail as any other defendant, unless the charge is one that carries no bail (murder with special circumstances, certain sex crimes, or cases where the judge finds the defendant a flight risk or danger to the community).

This is not immigration court. This is criminal court. The two systems are separate. A person arrested by local police on a drug charge, a DUI, a domestic violence allegation, or a theft is in the county jail system — not ICE custody. They can be bailed out. The question is not whether it is possible. The question is how to do it right.

This is the most important distinction I can make, and most people do not understand it until they are in the middle of a crisis.

If your family member was arrested by local police — LAPD, SBSD, OC Sheriff, Riverside Sheriff, any city police department — they are in the county criminal jail system. That is where I work. I can post bail and get them out.

If your family member was detained by ICE — Immigration and Customs Enforcement — they are in immigration detention. That is a completely different system. I do not do immigration bonds. Nobody I know does both. They are separate licenses, separate courts, separate processes.

The confusion happens because ICE sometimes places a detainer on someone who is already in criminal custody. A detainer is a request from ICE to the county jail to hold the person for an extra 48 hours after their criminal case resolves so ICE can pick them up. California law (AB 4, the TRUST Act) limits when counties can honor these detainers. But the detainer does not prevent bail from being posted on the criminal charge. It is a separate issue that happens after.

If you are not sure which system your family member is in, call me. I will tell you honestly whether I can help or whether you need an immigration attorney.

Bail in California is set according to each county's bail schedule — a published list of amounts by charge. Here are typical ranges for charges that frequently involve non-citizen defendants in Southern California:

Drug possession (HS 11350): $10,000–$25,000. A bail bond costs $1,000–$2,500.

DUI first offense (VC 23152): $5,000–$10,000. A bail bond costs $500–$1,000.

Domestic violence (PC 273.5): $50,000 in most Southern California counties. A bail bond costs $5,000.

Theft / shoplifting (PC 459, PC 484): $5,000–$20,000 depending on value. A bail bond costs $500–$2,000.

Assault (PC 245): $30,000–$75,000. A bail bond costs $3,000–$7,500.

Weapons charges (PC 29800): $35,000–$50,000. A bail bond costs $3,500–$5,000.

These are starting points. A judge can raise or lower bail at arraignment based on the specific facts of the case, the defendant's prior record, and their ties to the community. I will tell you the exact bail amount once I can look up the booking.

I am going to ask you direct questions. I am not asking to judge you or report you. I am asking because the answers determine how I structure the bond and what documentation I need to protect myself and the cosigner.

What I need to know:
- How long has the defendant been in the United States?
- Do they have family here? Children? A spouse?
- Do they have employment? Can it be verified?
- Do they have a fixed address?
- Do they have any prior criminal history in the U.S. or their home country?
- Is there an ICE detainer on the booking?

What I may ask for:
- A cosigner with legal status and verifiable income
- Proof of the defendant's address (utility bill, lease agreement)
- Employment verification for the defendant or cosigner
- Vehicle information for additional collateral
- In some cases, a second cosigner

I am not trying to make this harder than it needs to be. I am trying to make sure the bond holds and nobody gets hurt. A bond that falls apart because I did not ask the right questions is worse for everyone than a bond I declined to write.

This is the hardest conversation I have, and I have it regularly.

If there is an ICE detainer on the booking, posting bail on the criminal charge does not guarantee the defendant walks out the front door. Under California's TRUST Act (Government Code 7282.5), most counties will not honor an ICE detainer unless the defendant has been convicted of a serious or violent felony. But 'most counties' is not 'all counties,' and the rules change.

I had a client — the defendant was bailed out on a criminal charge, the county released them, and ICE was waiting outside. The defendant was deported the same day. The county then tried to forfeit the bond because the defendant failed to appear in criminal court. I had to fight for documentation proving the defendant was in federal custody, not voluntarily absent. We won. But it took months and it cost money.

I tell every family with an undocumented defendant: talk to an immigration attorney before we post bail. Not instead of posting bail — in addition to it. The criminal case and the immigration case are separate, but they interact. An immigration attorney can tell you whether a detainer exists, whether it is likely to be honored, and what the defendant's options are. I can tell you how to get them out of criminal custody. You need both conversations.

Yes. An undocumented person can co-sign a bail bond in California. There is no law requiring a cosigner to have legal status.

However, I will be honest with you: an undocumented cosigner creates more risk for me, and I will structure the bond accordingly. If the defendant fails to appear and I have to go after the cosigner for the full bail amount, I need to be able to find them and collect. If the cosigner has no verifiable income, no property, no bank account I can reach — the bond is essentially unsecured. I may decline to write it, or I may require additional collateral.

The strongest cosigner for an undocumented defendant is someone with legal status, verifiable income, and a fixed address. A U.S. citizen or legal permanent resident with a job and a home is the gold standard. If that person exists in the defendant's life, get them on the phone with me.

If the only available cosigner is also undocumented, call me anyway. I will tell you honestly what I can and cannot do. I have found solutions in situations that looked impossible. I have also declined bonds that I knew would fall apart. I would rather tell you the truth upfront than take your money and leave you worse off.

I have been doing this for thirty years. I have bailed out citizens, legal residents, visa holders, and undocumented defendants. I have worked in five languages. I have had clients deported mid-case and fought to protect the cosigner. I have had clients who were terrified to call because they thought I would report them.

I will not report you. That is not my job. My job is to get your family member out of criminal jail and make sure they show up to court. That is it.

What I ask in return is honesty. Tell me the truth about the situation. Do not hide the ICE detainer. Do not hide the prior record. Do not tell me the defendant has a job when they do not. The more I know, the better I can help. The less I know, the more likely something goes wrong for everyone.

If you are calling me from a place of fear — afraid of what I will think, afraid of what I will do — I want you to hear this: I have seen everything. I am not here to judge you. I am here to help you get through the next 24 hours. Call me.

Will the bail bondsman report me to immigration? No. I am not a law enforcement officer. I have no obligation to report immigration status to any agency, and I do not.

Can I bail out my family member if I am also undocumented? You can co-sign, but I may require additional collateral or a second cosigner with legal status depending on the situation.

What if there is an ICE hold on the booking? Call an immigration attorney before we post bail. I can tell you whether a detainer exists when I look up the booking. The criminal bail and the immigration hold are separate issues that need separate strategies.

Does immigration status affect the bail amount? The judge can consider flight risk, which may include immigration status. In practice, most bail amounts are set by the county bail schedule and do not change based on immigration status unless the judge specifically raises the issue at arraignment.

What happens if the defendant is deported before their court date? This is a real scenario. Talk to an immigration attorney. I have dealt with this situation and there are ways to protect the cosigner, but it requires documentation and legal action. Do not wait until it happens — plan for it before we post bail.