Six out of ten people who are arrested and held on suspicion of committing a crime in California never end up facing criminal charges or being convicted of those crimes.
This is because those wrongly accused of crimes can spend months and even years in custody while their case works its way through the criminal justice system. Despite ultimately being exonerated, there is still a significant cost paid by many of these people who end up losing their jobs, homes and families.
“Somebody is arrested, and because they don’t have a few bucks to get out of jail, they’re sitting in jail,” said Sen. Bob Hertzberg, D-Van Nuys, the lead author of Senate Bill 10. “That is not justice. That is not what this country is about.”
In an attempt to eliminate this inequity in our justice system, California lawmakers have introduced legislation that would drastically change the bail system in the state.
Senate and Mirror Assembly Bill
Senate Bill 10 and an identical bill introduced in the Assembly by Assemblyman Rob Bonta, D-Oakland — would toss county bail schedules in the trash. Instead, counties would conduct “pretrial assessments” in the hours after someone’s arrest to determine whether the defendant poses a safety threat or a flight risk. The county also would create a plan for low-risk defendants aimed at making sure they show up for their court dates after their release.
Under the Senate bill, a judge would determine whether to release a defendant in cases involving serious felonies, domestic violence or stalking or violations of a court order.
Does Bail Punish Poor People?
The bail system allows defendants to pay a certain amount of money to the court as a guarantee that they will show up for their court hearings. In most cases, a person charged with a crime will seek the help of a bail bond company that will post the full amount of bail in exchange for a non-refundable fee (generally equal to 10% of the bail amount set by the court).
This means if bail is set at $50,000, the defendant can pay a bail bondsman $5,000 to be released from custody while the case is pending. If the charges are dropped or if the defendant is found not guilty at trial, the bondsman receives the $50,000 back from the court, but keeps the $5,000 the defendant paid him or her.
The current bail system punishes people who are not able to afford bail. That is why California lawmakers want to change how the courts calculate bail fees.
Income-Based Bail Amounts
Currently, the average bail in California is $50,000, and bail fees are based on the crime allegedly committed rather than the defendant’s ability to pay. A new bill working its way through the California legislature would eliminate bail in some cases and change the way it is calculated in others.
Under this proposed law, in cases where the person’s criminal charge is one that is not serious or violent, home detention or monitoring devices could be used in place of monetary bail. In cases involving serious or violent crimes where bail fees would be required, the courts would be directed to use the defendant’s income as the basis for the amount of bail required.
Will the Bill Become Law?
The bill is not without its critics. The bail industry, victims’ rights groups and law enforcement agencies oppose the bill, saying that the proposed change will lead to more people failing to show up to court, and that it will cost counties more money to supervise individuals who are given a bail alternative, like electronic confinement.
In the meantime, FIUMARA & MILLIGAN LAW, PC has led the way fighting hard for all JAIL ALTERNATIVES until this LAW is REFORMED:
https://northbaylegaldefense.com/jail-alternatives
Contact the Defense Attorneys at Fiumara & Milligan Law, PC for Help with Your Case
While the proposed changes to California’s bail system are encouraging, they are not yet law. Therefore, if you are arrested for a crime, you should contact an experienced and highly skilled criminal defense attorney immediately at our law firm.
WE are able to get you a reduction in your bail from 10% to 7% by the mere fact that we are reputable and Bail bondsmen trust us.
At Fiumara & Milligan Law, PC, our attorneys have over 40 years of combined experience successfully defending our clients facing criminal charges. We may be able to help you save thousands of dollars on bail bond fees. Or in the alternative get you the JAIL ALTERNATIVE that will be most suitable and cost effective for you.
With offices in Santa Rosa & San Rafael, there is an experienced and skilled criminal defense attorney available to help you no matter where you are located.
Contact our offices today at 707-571-8600 OR 415-492-4507 for a free phone consultation. We will get through this together.
“The Right Criminal Defense Attorney Makes All the Difference”
California Lawmakers Consider Eliminating Bail
