If you’ve ever had to make bail, you know how tough it is to raise some serious cash in a hurry. Calling on friends and family to help you out can be humiliating and frustrating and it can leave you in serious debt.
How does bail work?
In California, each county uses a bail schedule, but judges also look at your criminal history, your flight risk, and the facts of your case. But sometimes courts rush the process and don’t look too closely at the individual’s situation, even when someone has a serious health condition.
If you use a bail bond company, you might only need to make a down payment of 10% of the set bail, but that can still be real hardship. If you borrowed money to make bail, you will still have to pay off the debt, even if you are never prosecuted for the crime you were arrested for.
When you can’t make bail
The alternative can be just as devastating, financially and personally. If you’re stuck in jail because you can’t pay, you can’t possibly get to work to earn money, and you might even lose your job. And on top of that, you’re away from your family.
It can take a long time to get a court date while you’re stuck in jail, and it can be such a hardship that sometimes people plead guilty just to get credit for the time already served.
Is bail reform on the way?
If you feel like the current system unfairly punishes anyone who can’t afford to pay for the privilege, you’re not the only one. Across the United States, lawsuits have been challenging the bail system and winning. In California, a suit was filed, but then hit a roadblock in early 2016, and its future is uncertain. However, some jurisdictions have decided to make changes to avoid getting sued.
So what changes do reformers want to make? After all, isn’t the bail system necessary in order to keep dangerous criminals off the streets, and to make sure people actually show up for their court dates?
Reformers are asking for courts to determine bail more quickly and with more with more personal attention. At this point, you’ve only been accused of a crime, not found guilty. So they argue that it violates your constitutional rights to keep you in jail without good reason and being broke is not a good reason.
Reformers believe that the current bail system means that jails are overcrowded with people who are locked up simply because they don’t have the money to pay, not because they are dangerous or likely to skip town. If a wealthy person is accused of murder and bail is set high, it might still be easier for them to make bail than for a poor person accused of a non-violent crime, who is struggling to make ends meet. If that means that a dangerous criminal is set free, while someone who is not a threat gets punished, reformers argue that something needs to change.
Reformers are asking courts to look more closely at the person’s situation and carefully assess the risks to see who really is a threat, and who isn’t. They say that even if people who are released get additional pretrial supervision, such as ankle monitors, drug treatment, or text reminders about court dates, it could be cheaper than detaining people in jail. However, opponents argue that a more in-depth interview process will be costly and time-consuming.
If you need help right now
These reforms might be helpful in future, but if you or someone you know needs help with their Southern California criminal case right now, contact Chambers Law Firm today. Dan E. Chambers can refer you to reputable bail bonds companies, and he can give your case the time and attention you deserve. Make an appointment for a free initial consultation today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.
