The attorney general will not appeal a recent court ruling regarding the cash bail system.
The movement for bail reform in California has gained another advocate: California’s top law enforcement officer, Attorney General Xavier Becerra. Mr. Becerra made his announcement after a California Court of Appeals decision on excessive bail.
In January 2018, the Court of Appeals ruled that a defendant in a criminal case, Kenneth Humphrey, was entitled to a new bail hearing. Mr. Humphrey was accused of breaking into his neighbor’s apartment, threatening to put a pillow over his head, and stealing a bottle of cologne and five dollars. For these crimes, he was given a bail amount of $350,000 — an amount that Mr. Humphrey, a retired shipyard worker, could not afford. He had been held in jail for more than 8 months because he could not pay this amount.
The Court of Appeals held that setting a bail so high that a defendant can’t afford to pay it is only justified in cases where a defendant is too dangerous to release before trial. It ordered the trial court to give Mr. Humphrey a new bail hearing, and to consider what amount he could afford, as well as whether he was a risk to public safety.
Mr. Becerra announced that he would not appeal the decision in the Humphrey case, noting that the California Department of Justice would not defend bail determinations that do not factor in (1) what a defendant can afford to pay and (2) whether there are alternatives to holding the defendant in jail prior to trial. According to Mr. Becerra, “Bail decisions should be based on danger to the public, not dollars in your pocket.”
California’s current bail system allows each county to set its bail schedule by crime. Defendants can be released by either paying the entire amount, which will be returned at the conclusion of their case, or using a bail bond surety company that charges a ten percent fee. To many people, the bail system gives an unfair to wealthy defendants because they can afford to be released from jail, while poor defendants may be stuck in jail for relatively minor crimes. Because it doesn’t take into account a person’s danger to the community or flight risk, the bail system also creates the possibility that dangerous offenders may be released simply because they can afford the bail.
As an experienced Riverside criminal defense lawyer can explain, bail is just one aspect of the criminal justice process. A skilled attorney can help a defendant through the process, from initial arraignment to the bail hearing to the pretrial hearing, negotiations and if necessary, trial and appeals. Having a seasoned Riverside criminal defense lawyer can make the difference in getting the best possible outcome for your case.
While the bail system in California has not changed yet, it appears that a significant revamping of the process may be coming. From court rulings to support from the Attorney General, the movement for bail reform has gained significant traction.
If you have been charged with a crime, you will need a seasoned Riverside criminal defense lawyer to help you through the process. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can defend you against California criminal charges.
