For many years, California has tried to reform its laws regarding cash money bail. Why? Because it’s taken a toll on the poor, making it near impossible for their defendants to afford it and get out of jail. That all changed in March 2021, when the California Supreme Court ruled it unconstitutional to keep defendants behind bars just because they couldn’t pay for their freedom.
The decision was unanimous, but through negotiations, the courts were asked to favor pretrial release and to genuinely consider setting bail at a sum amount that is affordable. The only reasonable way to keep criminal defendants locked up is when there is clear and convincing evidence that he or she will not return for their court appearances. Or, because they’ll harm the general public.
Some ways to get out of jail are: not returning for court appearances and potentially harming the general public include working with a pretrial case manager, living in community housing, attending a drug or alcohol treatment program, and wearing electronic monitoring.
All of this information means one thing: Victory for criminal justice advocates and setback for the California bail industry and bond companies. Less profit for those getting paid by the bail industry, that’s for sure.
What does this mean for California?
That answer is easy & defendants who can’t afford bail will have lower sums to pay. On the other hand, defendants who can afford bail will have no change in fees. According to most, this is justifiable seeing as the bail in California has been ridiculously high for quite some time.
How was bail previously determined?
Instead of basing solely off of income, the judge and courts would make bail decisions according to a set schedule. This schedule would calculate the defendant’s criminal record and take into account how serious the offense was. From there, bail would be set with most defendants staying put. Freedom was very difficult to obtain because the money required to get out from behind bars was so high.
Will bail schedules no longer exist?
Bail schedules will remain, but one thing will change. Arrested people will now have the right to a bail hearing within 48 hours of arrest. There, they can tell a judge that they simply can’t afford bail and a decision will be made from there.
What will happen next?
Some court officials would like to change the bail system altogether, but that sort of drastic action cannot be taken overnight. Instead, they’d like to promote a new bill with zero bail for all minor offenses. Doing that may require a reduction in rate of return for bail bonds companies, but that’s another discussion for another day.
What does removing a full cash bail do for people?
There are many positive effects to removing a full cash bail in California. Among the most beneficial include keeping a job, a home, and custody of a child. Because, as you know, it’s easy to lose all of those if you’re behind bars for quite some time. Spending too much time in jail may also begin a new cycle for many people, encouraging them to reoffend in the same, or a different, manner.
If you have any questions about whether California is a cash bail state or note, please feel free to reach out to our team of professionals at Rocket Bail Bonds. The link can be found here. Additional information is provided via our website, included but not limited to bail bond processes, discounts, resources, and FAQ. Find our contact information here and learn all about cash bail and bail bonds here.
