Bail Deposit Requirement for California Trial by Written Declaration

What Is the Bail Deposit?

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

The bail deposit requirement comes from California Vehicle Code Section 40902(b). There is one exception: under Government Code 68645.4, courts that offer online trial by written declaration through MyCitations may not require bail in advance unless the court makes specific findings for that driver, and that rule also covers declarations filed on paper in those courts. Everywhere else, 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 for 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, check the reminder or courtesy notice the court mails you (the amount is often not printed on the 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): Contesting is not risk-free. You have the same conviction and the same DMV points as if you had paid, and your bail deposit is applied to the fine, but the judge can set a fine higher or lower than the bail. Going to trial does not make you ineligible for traffic school, but after a guilty finding it is up to the judge.
• If you request a Trial de Novo after a guilty finding (available in most courts, but not in courts that offer online trial by declaration through MyCitations): 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 preparing your declaration documents, which you then file with the court yourself, 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 preparing your documents). Whether to contest is your decision: the case may be dismissed, but that is the judge’s decision and no result is guaranteed.

Learn about the Trial by Written Declaration process. What to File for a Trial by Written Declaration →

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