According to some, the bill would fix California’s broken bail system.
If you are arrested for a crime, you may be asked to post bail in order to be released from police custody before being arraigned on the charges. California’s bail system currently is set on a county fee schedule that is based on the seriousness of the alleged crime. A defendant must post either the entire amount upfront, or pay a 10% fee as a downpayment to a bail bond company to be released on bail. If a person cannot post bail, then he or she will remain incarcerated for an additional 48 hours (or longer on weekends or holidays) before being formally charged and arraigned. At that point, a judge will set the conditions of release, which includes bail. At this point, a judge will weigh a number of factors, including whether or not the defendant in the case poses a threat to the community or a risk of fleeing.
According to many in the community, the current bail system is broken. Police and prosecutors dislike it because it allows violent offenders to pay their way out of jail. Bail bond agents believe that it doesn’t adequately take into account the number of people who will “jump bail,” and community advocates believes that it unfairly punishes people who cannot afford to pay these heavy fines, leaving them in jail until they can be arraigned.
With this in mind, some California state legislators have introduced SB 10, a bill that would eliminate the use of fixed schedules to determine bail fees. Instead, each county would have to establish a pretrial service agency to evaluate defendants for release based on the risk that they pose to the public and the likelihood that they would skip out on their bail. The only offenders that would be eligible for bail would be those who are not charged with violent felonies. People charged with most misdemeanor offenses, other than violent misdemeanors such as domestic violence, would be eligible for release without further conditions upon signing a release agreement. These agencies would then submit recommendations on alleged felony offenders to judges, who would decide when to release these offenders from jail.
This bill has the potential to dramatically reform the way that bail is handled throughout California, and was passed through the California Assembly’s Public Safety Committee in July. However, there are significant concerns about the cost of implementing the bill, particularly given that each individual county would be required to develop its own risk assessment tool to determine (1) what threat the defendant poses in the community and (2) how likely he or she is to come back to court.
These potential changes to California’s bail system could be beneficial to anyone facing criminal charges in the state. Without the need to pay steep bail based on an outdated schedule, people arrested for crimes could instead focus on defending themselves against the charges and hiring a top quality Orange County criminal defense attorney.
If you have been charged with a crime in Orange County or the surrounding areas, contact the Chambers Law Firm. We offer the highest quality criminal defense to people charged with crimes in Southern California, and will aggressively defend your rights and freedom. Contact us today at 714-760-4088 or dchambers@clfca.com for a free initial consultation.
