Burglary bail in California depends on the county and the degree of the charge. Residential (first-degree) burglary is usually set far higher than commercial or second-degree burglary. Some county schedules put it at $50,000 for a home and $10,000 to $15,000 for other buildings. A bail bond typically costs about 10% of that amount. If someone you love was just booked on a burglary charge, this guide explains the numbers, the paperwork and what to do first.
TL;DR
- Each county sets its own bail schedule. Santa Clara lists first-degree burglary at $50,000 and second-degree at $10,000. Marin lists $50,000 for residential burglary and $15,000 for other burglary.
- A bail agent usually charges 10% of the bail amount. On $50,000 that is $5,000. Lower rates are sometimes negotiated.
- A judge can change the amount at a hearing. Ability to pay, community ties and past court appearances all count.
- Release comes with a duty to appear at every court date. Missing one can mean the bond is forfeited.
- Calling an agent early speeds things up, because the agent can check the booking and the exact bail amount for you.
Table of Contents
- How burglary bail works in California
- Typical burglary bail amounts by county
- What a $50,000 burglary bail actually means
- Steps to take after a burglary arrest
- Can burglary bail be lowered?
- What you owe after release
- Our perspective: what we tell families on the first call
- Getting help with a burglary bond
- FAQ
- Sources
How burglary bail works in California
Bail is money or a bond posted as security that a defendant will come back to court. California law says the bond amount is set by the countywide schedule for the alleged offense. Superior court judges in each county set those schedules annually, which is why the same arrest can carry a different number in San Diego than in Santa Clara.
Burglary is charged under Penal Code 459. The key difference for bail is the degree:
- First-degree burglary involves entering a home or other inhabited dwelling with the intent to commit theft or a felony. It is the most serious version, and the bail reflects that.
- Second-degree burglary covers everything else, such as shops, offices and vehicles in some cases. Bail is much lower.
The schedule number is a starting point. It is the amount the jail uses when someone is booked, before any judge has looked at the case. Later in this article we cover how that number can move.
Typical burglary bail amounts by county
County schedules are public. Here are two published examples that show the spread between residential and other burglary.
| County | Schedule | First-degree / residential | Second-degree / other |
|---|---|---|---|
| Santa Clara | 2025 schedule | $50,000 | $10,000 |
| Marin | January 2025 schedule | $50,000 | $15,000 |
The pattern is consistent: a residential burglary booking tends to land around $50,000, and other burglary bookings sit well below that. Your county may differ, so ask for the exact figure rather than relying on an average.
Multiple charges add up
Burglary rarely comes alone. It is often booked with theft, vandalism or possession of stolen property. San Diego's schedule generally stacks bail for multiple charges. The exceptions include lesser charges alongside greater ones, one act charged under several statutes, an indivisible transaction, and theft and possession of the same property. So a burglary arrest with two or three extra counts can carry a total well above the burglary figure alone.
Why your county's number matters
If the arrest happened in San Diego, San Bernardino, Riverside or Imperial County, the amount comes from that county's schedule, and it can change when the schedule is renewed each year. Ask the agent to read you the current figure from the booking record. Do not rely on a number from a website that may be a year old.
What a $50,000 burglary bail actually means
This is the question families get stuck on. A $50,000 bail means the court wants $50,000 of security that the defendant will return. There are two ways to provide it.
Cash bail. You pay the full $50,000 to the court. If the defendant makes every court appearance, the money is generally returned at the end of the case, though fines or fees can be taken from it. Few families can tie up that much cash for months.
A bail bond. A licensed bail agent posts a bond for the full $50,000 and you pay a fee. A bail agent usually charges 10% of the bond amount, and the same California Department of Insurance overview notes that agents may negotiate a lower fee, from 8% down to 2%.
Here is the math at the usual rate:
| Bail amount | Typical 10% fee |
|---|---|
| $10,000 | $1,000 |
| $15,000 | $1,500 |
| $50,000 | $5,000 |
| $100,000 | $10,000 |
The fee is not refunded when the case ends. You are paying for the agent's guarantee to the court, not lending money. In exchange, you keep $45,000 of a $50,000 amount in your own pocket. For a more detailed breakdown of fees, see our guide on how much a bail bond costs in California.
Collateral on high bail
The same Insurance Department overview says agents may offer credit with a down payment and partial payments, and may ask for real-property collateral on high-bail bonds. Residential burglary bonds can fall into that range. Ask up front whether collateral is required, what it is, and when it is released. The 180-day exoneration clock explains when a bond can end and what that means for your fee.
Steps to take after a burglary arrest
- Get the booking details. You need the full name, date of birth and the jail or facility. A free inmate search will usually show the booking and the charges.
- Confirm the bail amount and every charge. Check whether it is first- or second-degree and whether other counts are stacked on top.
- Check for holds. A hold from another case, a warrant or a probation or parole issue can stop release even after bail is posted. A 1275 hold, for example, requires the court to look at the source of the bail money. We explain it in our robbery bail guide, and the same logic applies to burglary.
- Call a bail agent. Have the booking information ready. The agent confirms eligibility, explains the fee and walks you through the paperwork.
- Sign the agreement and pay the premium or down payment. The person signing, called the indemnitor, is responsible for making sure the defendant appears in court.
- Wait for processing. Release time depends on the jail's workload. Some releases happen within hours, others take longer on busy nights.
If the arrest happened late at night, our guide to after-hours bail in California covers what still works when the courts are closed. For help with the first calls, see how to contact someone in jail.
Booking, arraignment and the 48-hour window
Bail from the schedule is set at booking. The first court appearance, the arraignment, usually comes shortly afterward. Our explainer on booking versus arraignment shows how the timing affects release, and why waiting for court is not always the better choice.
Can burglary bail be lowered?
Yes, in some cases. The scheduled amount is not final.
For the offenses listed in Penal Code section 1270.1, an open-court hearing is required before bail departs from the schedule or the person is released on their own recognizance. At that hearing the court considers:
- past court appearances
- the potential sentence
- danger to others
- community ties
- ability to post bond
An attorney is the right person to ask for this. Strong ties, such as a steady job, family in the area and no history of missed court dates, support a lower figure. Ask a defense attorney or the public defender which of these facts to bring forward.
The bigger legal picture
California's approach to cash bail has been under pressure. The California Supreme Court has established that for people in custody, liberty is the norm and cash bail should be considered only if non-financial conditions cannot protect public safety and ensure court appearance. The same state memo reports that courts in Los Angeles and Riverside counties, joining Sacramento and San Francisco, found pre-arraignment bail schedules unconstitutional, and those counties changed their pre-arraignment procedures.
What this means in practice: the schedule number you see at booking may not be the last word, particularly in counties where these rulings apply. Because rules and local practice shift, confirm the current process with the jail or a local bail agent instead of assuming last year's rules still hold.
What you owe after release
A bond is a promise. The bond guarantees the defendant's appearance at every mandated court date, and failure to appear can result in forfeiture of the bond.
In plain terms:
- Write down every court date and keep the paperwork where the family can find it.
- Keep the agent's number handy and tell the agent if your address or phone changes.
- Call right away if a date is missed, because quick action can sometimes fix the problem before it escalates. Our article on what happens if you miss a court date after bail covers the steps.
- Follow any release conditions the court sets.
The indemnitor, usually the family member who signed, carries the financial risk if the defendant does not show up. Pick a signer who can stay in regular contact with the defendant.
Our perspective: what we tell families on the first call
We talk with burglary families every week, and the same three worries come up: how much, how fast, and what if we cannot afford it.
How much: we do not guess. We look at the booking, confirm each charge and give you the actual number before you decide anything. Charges stacked on a burglary booking are the most common surprise, so we read the whole record.
How fast: every call is answered by an agent, not a call center, around the clock. Many releases happen within the hour once paperwork is done, though the jail sets the final pace.
What if we cannot afford it: that is what no-interest payment plans are for. Higher-bail residential cases take more planning, so we explain collateral, payments and the road to the end of the case before you sign. We also work with defense attorneys, and that helps when a bail reduction hearing is possible. Spanish-speaking families can have the entire conversation, and the contract explanation, in Spanish.
Our advice is simple: do not wait for the arraignment because you are afraid of the cost. Call, get the real number, and then decide with all the facts.
— william
Getting help with a burglary bond
Abaasy Bail Bonds handles misdemeanor and felony bail and surety bonds across California, with 24/7 emergency service, free inmate and warrant searches, 1275 hold consultations, no-interest payment plans and bilingual support. If the arrest was in the Inland Empire, our San Bernardino location page has local detail. For anywhere else in the state, start at Abaasy Bail Bonds and an agent will pick up.
You can also read our overview of who sets bail in California and your rights in the first hour after an arrest if you want the background first.
FAQ
How much is bail for burglary in California?
It depends on the county and the degree. Santa Clara's 2025 schedule lists $50,000 for first-degree and $10,000 for second-degree, and Marin's January 2025 schedule lists $50,000 for residential and $15,000 for other burglary. Extra charges can raise the total, so ask for the exact figure on the booking.
What does a $50,000 bail mean?
It means the court requires $50,000 of security that the defendant will return. You can post it in cash, which the court holds until the case ends, or use a bail bond. With a bond, the usual fee is 10%, which is $5,000 on $50,000, and the fee is not returned.
Can a judge lower my burglary bail?
Often yes. For offenses covered by Penal Code 1270.1, a hearing in open court is required before the judge departs from the schedule. The judge weighs past appearances, potential sentence, danger to others, community ties and ability to post bond. A defense attorney can request the hearing.
What happens if the defendant misses court after bail?
The bond can be forfeited, and the family that signed may owe the full amount. Call the agent immediately if a date is missed, since there may be a short window to correct it. Always keep a written list of court dates.
Sources
- California Penal Code section 1269b
- California Law Revision Commission staff memorandum 2026-09 on bail and pretrial release
- Santa Clara County Superior Court 2025 bail schedule
- Marin County Superior Court felony bail schedule, January 2025
- San Diego Superior Court 2026 bail schedule
- California Department of Insurance overview of the California bail system
- California Penal Code section 1270.1