In an attempt to reduce the income-based bias of those going through the criminal justice system, new standards are being proposed for California’s bail system. San Diego attorney practices, especially those who work with those facing criminal charges, are preparing for the potential change from a cash bail to a risk assessment-based bail system. If you’re facing criminal charges, here’s what you need to know about the new measure:
Law Passage
Although passed in August, opposition groups made an attempt to block SB10. A referendum received a necessary number of signatures to be temporarily suspended and to be brought to a vote by California residents. The law, which would have gone into effect in October 2019 will instead be brought for public debate in 2020 during the general election.
However, this delay leaves numerous San Diego residents in jail to await trial if they cannot afford bail, who potentially may have qualified for pre-trial release under the new system.
How the Law Will Work
If passed, the law will move California’s system from cash bail to risk-assessment. This is a major reform of the California bail system that has been a piece of public debate in California for more than 40 years.
This will apply to those facing criminal charges, but the exact algorithm of risk assessment will vary by the particular court or location. Here are the two types of systems:
Cash bail system: In this scenario, the accused must bring forth a certain monetary or property value to secure release. This attempts to ensure that the defendant will attend all scheduled court appearances at the order of the court. If those requirements are not met, the money or property will not be returned. Many people turn to bail bond companies, who provide the sum up front with a premium for interest on the money.
Risk assessment-based bail system: For these systems, an algorithm will be determined by the court to assess the general risk of the individual. Factors like likelihood to recommit crimes, the violence of the offense, and severity of the crime are taken into account. Ultimately, a person’s risk for not showing up in court or doing additional harm is measured, and a determination is made whether to release them pre-trial.
Local Counsel
Because the exact system of risk assessment will vary by county, it’s essential to have a local lawyer who can navigate the system of bail you may be facing. SB10 has also been criticized by vocal opponents for allowing for too much subjectivity when deciding who to allow to walk free before trial. Having a strong defense team who understands how to navigate the new law in your favor is an invaluable asset when facing bail.
San Diego attorney Patrick Griffin is an ally for those criminally accused, with the most advanced trial advocacy techniques and the work ethic needed to win a case. If you or your family face criminal charges in San Diego, consult a professional. You’ll have peace of mind knowing that your case is being handled by a top-notch professional with extensive experience and the ability to successfully navigate the new bail process.