Appellate Bail Review in California

Appellate Bail Review in California

 

California

Due to the impact of COVID-19, local law enforcement in California is avoiding unnecessary arrests and bookings for lower-level offenses. A decrease in the crime rate is reflected in statewide data on jail bookings. Weekly arrests dropped from 17,000 in March to roughly 12,000 in October last year. This decrease works to prevent overcrowded county jails during the pandemic and further limits officers’ potential exposure to the virus.

However, the procedure following an arrest remains the same in the interest of public safety. An arrested individual cannot walk free without posting the court-mandated bail. Financial bail has profoundly discriminatory effects for low-income communities overrepresented in under trial populations. Numerous studies have highlighted the unwanted effects of pretrial incarceration on detainees. Also, one cannot forget the high human and economic costs of jailing large populations, who are presumed innocent under the law.

These pressing issues can be addressed by introducing an appellate review of bail. By utilizing the bail appeal process, law enforcement can provide justice to all parties involved. It will not only satta reduce the scourge of unnecessary detention, but also will save time and resources for local justice systems. Continue reading the article to find out more about the said topic.

  • An in-depth analysis of court proceedings has revealed that bail decisions are often biased based on the detainee’s socioeconomic status, race, and political views. A white arrestee with similar charges and past criminal history is subjected to pretrial detention at a lower rate and amount than their African American counterpart.
  • Bail is determined during the first appearance before the presiding judge or magistrate. Despite there being an official Ventura County bail schedule with preset bail amounts, most presiding officials use their broad discretion to decide. In local jurisdictions, they are required to consider specific factors as per the Constitution and applicable higher court precedents. These hearings might be rapid and informal, which might result in a bail higher than necessary.
  • When the final amount is set, one may approach bail bonds Ventura County to get out of jail quickly. A bail bondsman charges a nominal 10% of the bail to post the bail, file necessary paperwork, and get the arrestee out of prison. Even though an appeal process might reduce or eliminate bail, it takes multiple weeks. This time can be better utilized to form a stronger defense.
  • The Eighth Amendment declares that “excessive bail shall not be required.” Several landmark Supreme Court cases have defined what constitutes “excessive”– the amount should not be so high that it inflicts punishment before a fair trial. Furthermore, it should not prevent the unhampered preparation of defense.
  • Habeas Writs and Interlocutory Appeals: There are two existing modes used mainly by defendants in California during the bail appeal procedure:
  • Traditional Mode: A writ of Habeas corpus can be brought before the court to ensure that the person’s imprisonment is legal. It includes excessive bail amounts that result in unlawful detention. However, it is an incomplete remedy owing to long deadlines for state habeas hearings. Therefore, they do not act fast enough to provide meaningful relief.
  • Other Mode: Interlocutory appeals undertaken are a potential mode of redress for undertrials. Nonetheless, they are also inadequate as they are ineffectively implemented, despite being promising avenues for reform.

In California, violent offenses make up the largest category of felonies, accounting for more than a third of the arrests. On the other hand, drug offenses constitute a quarter of the misdemeanor arrests made in 2020. No matter the nature of the crime, most offenses are eligible for bail, and a trusted bondsman can help you.

Steffy Alen

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