California Lawmakers Look to Reform Bail System

When a person is arrested and charged with a crime, he or she is entitled by the U.S. Constitution to a fair trial. In practice, a defendant’s trial may be scheduled for a date that is many months away due to busy court schedules and more pressing cases. Depending on the nature of the offense in question and the suspect’s history, the court has several options regarding what will happen to the defendant between his or her arrest and the trial.

The court could release the defendant on his or her own recognizance which requires a promise by the defendant to appear when required for arraignment or trial. Alternatively, the court could set bail which typically requires a financial deposit as collateral to ensure the defendant’s future appearances. In extreme cases, bail may be denied altogether, meaning that the defendant presents too much of a risk—of flight or public safety—and must, therefore, remain in jail until trial.

Many believe, however, that financial bail systems, such as those used in courts around California and many other states, do not serve low-income communities well. Defendants who cannot afford bail are forced to sit in jail while others facing similar charges are free to go about their lives while awaiting trial. With that in mind, several California legislators have proposed bills that would all but eliminate monetary bail throughout the state.

Analyzing Risk Factors

According to recent estimates, more than 60 percent of inmates at county jails around California have not yet gone to trial or are awaiting sentencing. Under the proposed legislation, such defendants would not be stuck due to their financial circumstances. Instead, each defendant would be subject to risk-assessment analysis to determine the likelihood of flight or the dangers he or she could pose to the community. The law would also require counties to create pretrial services agencies tasked with tracking defendants and reminding them of upcoming court dates. County judges would still have the discretion to order financial bail if and the circumstances warrant it, but the proposed measure would require bail to be set taking the defendant’s income into account.

Cost Concerns

While there is little doubt that housing a defendant in a county jail until trial can be expensive, the proposed legislation raises questions of cost as well. The establishment of pretrial services agencies and monitoring defendants could also be costly. Skeptics point out that the financial burden will be borne by the taxpayers. Reform advocates maintain that revamping the system will actually save taxpayers money by reducing the number of pretrial defendants in jail. The current structure, they say, punishes the poor “simply for being poor.”

Get Help With Your Case

If you or someone you love has been arrested and is facing a bail hearing, contact an experienced San Jose criminal defense attorney for help right away. Call 408-277-0377 to schedule a confidential consultation with Wesley J. Schroeder, Attorney at Law, today.

Sources:

http://www.latimes.com/politics/la-pol-sac-bail-reform-legislation-20170326-story.html

http://www.sacbee.com/news/politics-government/capitol-alert/article130682914.html