How much is bail for burglary
- Smallest amount on the schedule
- $1,000
- Amount in the middle
- $10,000
- Largest amount on the schedule
- $100,000
- County schedules reviewed
- 9
Across the county schedules reviewed for this page, bail on a burglary charge falls anywhere from $1,000 to $100,000. Where the case is filed and the precise charge both shape the figure. Entering a home, above all one with someone inside, brings far higher bail than the smaller burglary offenses.
- Smallest figure on any schedule: $1,000
- Midpoint figure: $10,000
- Largest figure on any schedule: $100,000
- Schedules reviewed: 9 counties
How does burglary bail vary from county to county?
In California, each county court publishes a bail schedule, a list that sets a standard bail amount for each charge, so the same charge can cost very different amounts depending on where it's filed. California county judges put these countywide schedules in place under state rules. On these lists, first-degree burglary means the residential charge, while second-degree is for burglary of any place that isn't a home.
| County | Charge on the schedule | Bail amount |
|---|---|---|
| San Bernardino, CA | First-degree burglary, person present (violent felony) | $100,000 |
| San Francisco, CA | First-degree burglary | $75,000 |
| Los Angeles, CA | Residential burglary in the first degree, person present | $50,000 |
| Orange, CA | Burglary of a residence | $50,000 |
| Santa Clara, CA | First-degree burglary | $50,000 |
| Riverside, CA | Residential burglary in the first degree | $40,000 |
| Fresno, CA | Burglary of a residence | $30,000 |
| San Francisco, CA | Second-degree burglary | $25,000 |
| Riverside, CA | Burglary in the second degree (felony) | $20,000 |
| Santa Clara, CA | Second-degree burglary | $10,000 |
| San Francisco, CA | Misdemeanor burglary | $5,000 |
| San Diego, CA | Misdemeanor burglary | $5,000 |
| San Diego, CA | Entering a vehicle by force to commit theft | $5,000 |
| Fresno, CA | Burglary of a non-residential place | $5,000 |
| Fresno, CA | Entering a vehicle by force to commit a felony | $5,000 |
| Tulsa, OK | Second-degree burglary (felony) | $3,000 |
| Tulsa, OK | Vehicle burglary (felony) | $2,500 |
| Tulsa, OK | First-degree burglary (felony) | $2,000 |
| San Diego, CA | Having burglary tools in one's possession | $1,000 |
San Francisco's numbers are from its 2023 to 2024 schedule. The rest come from the newest schedule each court has made public.
How much does a California bail agent cost?
The California Department of Insurance says the usual cost of going through a bail agent is 10% of the bond, on top of actual, necessary, and reasonable expenses. That charge is known as the premium, and it's what the agent gets paid for putting up the bond for someone. For Riverside's $40,000 bail on residential burglary, that usually means paying an agent 10% of that amount plus any necessary expenses, and that fee isn't returned once the person is released.
Agents have to stick to the rates their surety company filed with the state. There's one exception to the no-refund rule: if the agent returns the person to custody, you get the fee back, minus administrative costs. Since January 1, 2022, agents also can't charge you again to keep the bond going, and they're allowed to give back part of the fee if they choose.
The ways a person can get out of custody in California
Paying the scheduled amount is just one path out of custody. A judge can let someone go on their own recognizance, meaning the person walks free on a promise to show up in court, with no money changing hands. A judge can also set bail, attach conditions to a release, or keep the person in custody.
California allows these release types:
- Release on a promise to appear (own recognizance)
- Full payment of the bail amount
- A bond posted by a licensed bail agent
- Release that comes with conditions attached
Is a judge allowed to change the amount?
Yes. The schedule is only a starting point. A judge may raise or lower the figure, or pick a different kind of release altogether. Courts walk through how this works on their own sites, for example the bail schedule page from Santa Clara County and the procedure Imperial County uses for requests to raise bail.
Burglary bail in Oklahoma
In Oklahoma, you can pay a licensed bail bondsman to post bail for you. The Oklahoma Insurance Department handles licensing and oversight of bail bondsmen. Someone can get out through cash, property, a surety bond, or personal recognizance. Oklahoma's bail laws don't spell out a standard fee, so ask the bondsman for the exact cost in writing before you agree to anything.
States that have done away with money bail or bail agents
A few states deal with burglary arrests in ways that skip the standard bail bond.
- Illinois: as of January 1, 2023, money bail no longer exists there. People go free with conditions, or stay in custody only if the State requests it and a hearing takes place.
- Kentucky: since 1976, commercial bail bonding has not been allowed. Judges may let someone go with no money involved or through cash or property, and Pretrial Services speaks with each person after arrest.
- Wisconsin: courts may impose money conditions, and state law lays out the options: release on personal recognizance, cash bail, a deposit of 10% in cash, or release with conditions.
Sources
- Riverside Superior Court bail schedule
- Los Angeles Superior Court felony bail schedule
- San Bernardino Superior Court bail schedule
- Orange County Superior Court bail schedule
- San Diego Superior Court bail schedule
- Santa Clara Superior Court bail schedule
- Fresno Superior Court bail schedules
- Tulsa County District Court bond schedule
- San Francisco Superior Court bail schedule
- Bail Bonds
- Oklahoma bail law
- 725 ILCS 5/110-1.5
- Pretrial Services - Kentucky Court of Justice
- Wisconsin Legislature: 969.12
- Santa Clara County Superior Court: Criminal Bail Schedule
- Imperial County Superior Court: Request for increased bail procedure
- Ohio Revised Code 2937.011
