Will the $0 bail order affect how Californians feel about cash bail?
In 2018, Governor Jerry Brown signed Senate Bill 10 (SB10) into law. It eliminated the state’s cash bail system, allowing many defendants to leave jail without posting bail. Under this law, judges are permitted to use their discretion to determine if defendants can be released without bail. This law does not apply to people held on serious or violent felony offenses, or to those who failed to appear after being released on bail in the past. SB 10 made California the first state in the country to eliminate cash bail.
However, the implementation of this law was put on hold when groups opposed to SB 10 — including groups representing bail bond agencies — launched a referendum drive. They quickly gained enough signatures to have the issue of cash bail put on the ballot in November 2020. As a criminal lawyer in Riverside, CA can explain, this means that the fate of SB 10 rests on the results of the election.
When the coronavirus pandemic hit the United States, the state of California reduced bail for most low-level criminal offenses. This allowed thousands of defendants to remain at home to wait for their court dates — which have been pushed back due to the pandemic — instead of sitting in jail. On April 6, the state’s judicial council issued an emergency bail schedule. Under this schedule, the bail amount for most misdemeanors and low-level felony offenses is $0.
In addition to bail groups, law enforcement officers broadly oppose eliminating cash bail, arguing that they are arresting people, releasing them without bail, and then re-arresting them shortly thereafter on a new criminal charge. To date, no data has been released on whether $0 bail has led to an increase or decrease in crime.
In California, 63% of inmates in county jails have not pled guilty or been convicted of a crime. While some of these inmates remain in custody due to the serious nature of their crimes, most remain incarcerated simply because they cannot afford bail.
The current situation has revealed just how unsafe detention facilities can be, particularly when it comes to the spread of a deadly virus. Data that is collected during this time will be incredibly useful in demonstrating that eliminating cash bail is an effective way to operate the criminal justice system — and one that does not lead to an increase in criminal offenses. Californians may also be more likely to vote to eliminate cash bail in November after learning about the outbreaks of coronavirus that have occurred in federal and state prisons as well as county jails.
At the Chambers Law Firm, we are fierce advocates for our clients. We believe that each person that we represent deserves the highest quality representation. If you have been charged with a California criminal offense, we are here to help. Contact us at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal lawyer in Riverside, CA.
