The group argues that this system compromises public safety.
According to a group of eleven California judges and one court executive, the state’s current system of cash bail poses a risk to public safety by allowing suspect to simply post bail to secure their freedom. Instead, the group recommended that California’s cash bail system be replaced with an alternative: risk assessment and supervision.
Under California’s current system, bail schedules vary wildly between counties. According to an Orange Country criminal attorney, a person could spend months in jail on a non-violent offense simply because he or she cannot afford to post bail, while a person with great financial resources could walk out of jail immediately because he or she could afford to post bail. Under a new proposed system, this would change dramatically.
Based on the report issued by the judicial group, release would not be dependent on a group’s financial resources, but instead on an individual’s likelihood to commit crimes and risk to the community. A pretrial assessment would put more information in the hands of each judge so that the courts could make a more informed decision about whether to release defendants. Courts would also have more options with regards to supervising defendants who are on release, such as drug testing, home confinement, and text reminders about future court dates.
In addition to making all Californians safer, this proposed legislation would serve the dual purpose of making sure that poor people are not penalized for being unable to afford high bail amounts. A high percentage of California’s current jail population have not yet been sentenced, according to the Board of State and Community Corrections’ annual Jail Profile Survey. Out of more than 73,000 people in California’s jails, more than 48,000 have not been sentenced. While that number includes both people who are ineligible for release before trial and those who are eligible for release, it still indicates that a high number of people are languishing in jail because they simply cannot afford bail.
California’s criminal justice system is not set up to help defendants. The police and prosecutors are not on your “side” if you have been arrested or charged with a crime — or even if you are just a suspect. That is why it is so important that you have a highly skilled Orange Country criminal attorney to represent you and protect your rights throughout the process.
At the Chambers Law Firm, our team includes a former prosecutor and police professional. We know the system from both sides, and are dedicated to helping you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can protect your rights and your freedom.
