As a rule, no. The state constitution rules out imprisonment in a lawsuit over a debt, and a premium balance is a contract debt. A defendant can still return to custody through an agent's surrender or a missed court date, and forfeiture can be the larger money risk. A defense attorney can advise on your case.
Why a premium balance alone is not a jail matter
The premium is the price you pay the agent for the bond. Not paying bail bonds in full leaves a balance, and the agreement you sign makes that balance a civil debt. The California Constitution forbids imprisonment in that kind of lawsuit (art. I, sec. 10). If an unpaid premium reaches court, the agent may sue on the contract.
A bad check is a different matter. Writing one willfully, with intent to defraud and knowing the account lacks funds, is a crime under PC 476a. If the checks charged total $950 or less, the penalty is county jail for up to one year, with narrow exceptions for specified prior convictions. Larger totals can also bring custody under PC 1170(h).
How an agent can return a defendant to custody
Under PC 1300, a bail agent may surrender the defendant at any time before a forfeiture. The agent gives the custody officer a certified copy of the bond, and the officer detains the defendant. Nothing in the statute requires a stated reason. An agent who arrests a defendant for surrender must deliver the person to the court or to a sheriff or police jail within 48 hours under PC 1301, with a weekend and holiday allowance.
A surrender returns the defendant to custody on the original case and can cost the agent money. Premiums are non-refundable in most situations, and two surrender rules offer exceptions. 10 CCR 2090 covers a surrender ahead of a required appearance: the agent must return the premium, though it may retain limited out-of-pocket costs if it shows the risk rose substantially. PC 1300(b) adds a second route: a judge may order the premium returned if good cause did not exist to surrender a defendant who had not failed to appear or violated a court order. Our pay bail or bond answer explains both rules.
What a missed court date can trigger
Under PC 978.5, a bench warrant may issue when a defendant fails to appear, including a defendant released on bail who was ordered to appear at a set time and place. Any county can serve it like an ordinary arrest warrant.
If the court has reason to believe a sufficient excuse may exist, PC 1305.1 lets it continue the case instead of declaring a forfeiture or issuing a warrant. A defendant who then misses the new date without excuse faces bail forfeiture, and a warrant may follow.
On the money side, a court declares the bond forfeited under PC 1305 when a defendant misses a required date without sufficient excuse, and the California Department of Insurance says each county's county counsel collects bail forfeiture debts. The statute gives a limited window to set a forfeiture aside, and our forfeiture window answer walks through it.
What a cosigner faces
A cosigner is not the person on bail. Any warrant for a missed court date names the defendant, and the money owed stays a civil matter, so a cosigner's exposure is, as a rule, financial. Under the usual agreement, the cosigner, also called the indemnitor, answers to the agent for a missed appearance. The agreement signed decides what a cosigner owes after a forfeiture, and our cosigner guide explains how.
Forfeiture can follow a missed date, so a cosigner gains most from a defendant who attends each hearing. Anyone worried about not paying bail bonds on schedule should read the signed agreement first and tell the agent early, before missed payments pile up.
We are a bail agency, not a law firm. For questions about not paying bail bonds in your own case, ask a defense attorney or, if you cannot hire one, the public defender.