Bail Deposit Requirement for California Trial by Written Declaration

What Is the CVC 40902 Bail Deposit?

When you file a Trial by Written Declaration in California, you are required to post a bail deposit along with your declaration. The bail deposit is a payment equal to the total fine amount listed on your citation. It serves as a guarantee that the fine will be paid if the judge rules against you.

The bail deposit requirement is established by CVC 40902 (Trial by Written Declaration). It applies to all Trial by Written Declaration filings, regardless of which county or court is handling your case. Many drivers are surprised to learn that they must pay the fine upfront before their case is even heard.

It is important to understand that the bail deposit is not a fine payment. It is a refundable deposit that will be returned to you in full if the judge rules in your favor and dismisses the citation.

How Much You Need to Pay

The bail deposit amount is equal to the total fine listed on your citation, including all penalty assessments and surcharges. This is the same amount you would pay if you simply decided to pay the ticket without contesting it.

To find the exact bail amount for your citation, check the fine amount printed on your ticket or contact the court listed on your citation. You can also look up the bail schedule on the court’s website, which lists the standard fine amounts for various traffic violations in that jurisdiction.

How to Make the Deposit

The method for making your bail deposit depends on the court handling your case. Most courts accept payment by check or money order. Some courts also accept credit card payments or online payments through their website.

• Check or money order made payable to the court (most common method).
• Credit card payment by phone or online if the court accepts it.
• In-person payment at the court clerk’s window.
• Online payment through the court’s website, if available.

When mailing your bail deposit, include it with your completed TR-205 form and written declaration. Make sure the check or money order is for the exact amount and is made payable to the correct court entity.

What Happens to Your Deposit

What happens to your bail deposit depends on the outcome of your Trial by Written Declaration.

• If the judge rules in your favor (not guilty): Your bail deposit is refunded in full.
• If the judge rules against you (guilty): Your bail deposit is applied toward the fine, and you owe nothing additional (assuming the bail was for the full amount).
• If you request a Trial de Novo after a guilty finding: Your bail is held pending the outcome of the new trial.

Refunds are typically processed by the court within several weeks after the decision is issued. The refund is usually sent by check to the address on file with the court. If you have not received your refund within a reasonable time, contact the court to inquire.

Bail vs. TicketClear Fees

It is important to understand the difference between the bail deposit required by the court and any service fees charged by TicketClear. The bail deposit goes directly to the court and is potentially refundable. TicketClear’s service fee covers the preparation and filing of your declaration and is separate from the bail.

When budgeting for your Trial by Written Declaration, factor in both the bail deposit (which you may get back) and the service fee (which covers TicketClear’s work on your behalf). Many drivers find that the potential savings from a dismissed ticket and avoided insurance increases make the investment worthwhile.

Learn about the Trial by Written Declaration process. What Is Trial by Written Declaration? →

Learn what happens after you file your declaration. What Happens After Filing a TBWD →