Agencies will use a risk-based system to determine if defendants should be released while their case is pending.
Over the past several years, California has undergone a radical transformation in terms of its criminal justice system. One of the biggest targets of its reform has been the cash bail system. Critics argued that it favored the wealthy, who could post bail for serious crimes, while the less fortunate often languished in jail for relatively minor offenses because they couldn’t make bail.
According to a Los Angeles County criminal defense attorney, this will change in October 2019 after California’s new bail system takes effect. In 2018, Governor Jerry Brown signed Senate Bill 10, which amended California’s current law to eliminate cash bail. Instead, it put in place a risk-based system that aims to determine whether defendants in criminal cases should be released from incarceration based on a number of factors.
For many people, the elimination of the cash bail system is a relief. Yet it raises new questions, such as how exactly the new system will work. Under the current cash bail process, if you are arrested for a crime, you can be released from custody by posting bail. This amount that you post (cash or bond) functions like a promise that you will appear for future court dates. As an experienced Los Angeles County criminal defense attorney can explain, the bail amount is determined based on a bail schedule. For many defendants, it is incredibly expensive, and only affordable by paying a (non-refundable) percentage of the bail amount to a bail bondsman.
So how is the new system different? Instead of requiring defendants in criminal cases to post cash bail, agencies will analyze whether a person should remain in custody based on an individualized risk assessment. Each California county must establish an agency to evaluate individuals for their risk of committing new crimes and to determine if they will voluntarily show up for future court hearings. The factors that will be examined may include the defendant’s age, sex, personality type, socioeconomic background, and criminal history.
If you are considered low risk (i.e., little threat to public safety and not likely to free), you will be released from custody. You will likely have some conditions placed on your release. While these conditions will not be monetary, they were not specified in the law and are not currently known. If you are deemed to be “medium risk,” you will go before a judge for a hearing to see if you will be released. At this hearing, your Los Angeles County criminal defense attorney can advocate for your release.
High risk individuals will not be eligible for release. Generally, anyone who is accused of committing certain sex crimes, violent felonies, a third DUI within 10 years or who has broken pretrial release conditions within the past 5 years will likely be held in custody prior to their case resolution. Prosecutors also have the option of filing for preventative detention if they believe that no conditions of release would guarantee that a defendant would appear in court, or that the public would be safe if the defendant were released.
The new bail system will go into effect in October 2019. Because each county will establish its own agency for setting up risk assessments, there may be some variation between how defendants in each county are assessed. If you have questions about this procedure, you should consult an experienced Los Angeles County criminal defense attorney.
At the Chambers Law Firm, we are committed to working with our clients to put together the strongest possible defense to the charges against them. We offer free initial consultations, where we will explain your rights and your options. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule an appointment.
