New legislation on bail could change the way that California deals with this issue forever. Usually the way bail works is when someone is charged with a crime they have an opportunity to either post cash bail or they can call a bail company in order to get themselves released. Cash bail means that they are posting the full amount of bail but after the case is completed they get all of the money back. A bond from a bail bond company generally means that you would give the bail bond company around 10% of what the bail is at and they will bail the defendant out.
Federal vs State Courts
In Federal Court there is a system where someone goes to something called pre-trial services before court. Pre-trial services assesses the defendant and sees what kind of a risk they pose to the community. In state court it is up to the judge to make a split-second decision after hearing only small details about the client. What they want to do is have this type of program in California State Court. It is crazy to think that if one commits a federal crime then they are much more likely to have a reasonable bail rate set then if they commit a state crime.
Criminal Cases Getting Rejected
The problem we see all to often is one that needs to stop immediately. A classic example is domestic violence in San Diego. People are arrested for domestic violence all the time when there was very little or even no contact involved. The police in San Diego have been wrongfully booking people in on felonies making their bail around $50,000. Now that causes the individual to pay $5000 to get out of jail. When they go to court, the case is never filed against the defendant because there is no evidence. All we are doing in situations like this is making the bail companies more and more money. They are now writing bonds at lower and lower rates to compete with others and taking bonds at times for no money down. It is crazy to think about that but that is where all the money is going.
The new system would attempt to correct the old broken one by making it a situation where bail does not necessarily need to exist. This would be a situation where other options can be taken or equity can be put fourth. The current bail system is broken, it favors the rich and hurts the poor. It needs to be fixed.
Ozols Law Firm – Criminal Defense Lawyers
At Ozols Law Firm we have been practicing criminal defense for several years. We know what to do with a new case that comes in the door and we know how to get the best result. We treat every client like family and we care about our client’s cases. If you have an issue in the county of San Diego feel free to give us a call.
Ozols Law Firm
8880 Rio San Diego Dr. #22
San Diego, CA,