What Is the Status of California’s Cash Bail System?

A new poll shows that Californians are split over whether to keep the new system — or go back to cash bail

What Is the Status of California’s Cash Bail System?

In 2018, then-Governor Jerry Brown signed Senate Bill 10 into law. This law represented a significant reform to the California criminal justice system: it abolished the cash bail system. Proponents of the law believed that the cash bail system was an outdated model that allowed wealthier suspects to pay their way out of jail, while people without the money to pay bail were stuck in jail — even for minor offenses. According to a criminal lawyer Los Angeles, CA, the new law would give judges a system to asses a defendant’s risk to public safety before deciding whether to release the person.

Shortly after Senate Bill 10 was signed into law, opponents — most notably, the bail bond industry — challenged it. In January 2019, a campaign to challenge the law gathered enough signatures to put a referendum measure on the November 2020 ballot. This referendum would ask voters to either vote “yes” or “no” to keep Senate Bill 10.

Because the referendum has been qualified, this new law has been stayed. This mean that the law does not take effect, and California’s cash bail system remains in place. Despite this, the Chief Justice of the California Supreme Court, Tani Cantil-Sakauye, is pushing to implement a pilot program to move the state away from the cash bail system. According to Justice Cantil-Sakauye, the state requires a better system for assessing the danger of releasing defendants during the criminal justice process, rather than just relying on whether or not the defendant has the financial ability to pay for release.

Recently, the UC Berkeley Institute of Government for the Los Angeles Times conducted a poll to determine where California voters stood on the issue of cash bail reform. According to the poll results, 39% of likely voters would keep the new law in place. 32% would restore the cash bail system. 29% of voters are undecided. The survey involved a poll of 3,945 likely California voters.

This issue can be confusing for many people currently involved with the criminal justice system, as the law was passed and received a significant amount of attention — and now it is on hold (while at least one judge wants the judicial system to move forward with a similar system). For now, if you are arrested, your case will be handled through the traditional cash bail system. Your criminal lawyer Los Angeles, CA can explain this process to you, and can represent you at the bail hearing to help you get a reduced bail or no bail.

The status of California’s bail system will not likely be settled until after the November 2020 election. Until that time, if you are charged with a criminal offense, it is important to retain a skilled criminal lawyer Los Angeles, CA to represent you. Your attorney can represent you throughout the process, from arraignment to the bail hearing to plea negotiations to trial (if necessary). The Chambers Law Firm is here for you if you have been charged with a California crime. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.`

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