bail Tag Archives — San Diego Criminal Lawyers Blog

June 24, 2022

Can Anyone be Eligible for Release From Jail Without Bail in California?

After your arrest and detainment, a judge will typically set your bail. Bail is an amount of money that you post to be released from detention in jail. Once bail is set, you or your loved ones can pay it in the form of bail bonds, cash, or property. When you are bailed out of jail, you are expected to return for your scheduled court date. If you do not attend court, then you will lose the rights to the bail that was posted for you. If you attend your hearing, then you will be reimbursed.

If a judge decides that you should be released on what is called ‘your own recognizance,’ then you will not have to post any type of bail to be released from prison. If you or a loved one has been arrested and you are confused about the bail bond process, reach out to a San Diego criminal defense lawyer right away.

Who Can be Released on Their Own Recognizance in California?

Being released on your own recognizance (O.R.) means that the judge believes that you are trustworthy enough to come back for your court date without having to put up collateral, or bail. For the majority of the state of California, O.R. release does not just automatically happen, and while many criminal defendants may be eligible, not everyone is.

Those individuals seeking O.R. release cannot have any of the following be true:

The charges are so substantial that a conviction can lead to a death sentence.
The defendant’s release may put public safety in jeopardy.
There is no belief that the defendant will actually come to their court date.

Being released on O.R. is the best possible outcome after an arrest, but getting to this point is not an easy task. This is one of the many reasons why having an experienced legal defense attorney on your side after you are arrested can be so invaluable. An attorney who knows the criminal justice system in California and understands exactly what is necessary to argue for O.R. release on a defendant’s behalf is a critical tool in preserving your freedom.

The San Diego criminal defense attorney David M. Boertje has a track record of success helping clients tangled up with the criminal justice system achieve O.R. release. If it is possible to get released on one’s own recognizance, attorney David M. Boertje can argue effectively on a defendant’s behalf to secure this ideal situation. Continue reading

April 22, 2021

Why You May Have to Spend More Time Behind Bars After a California Arrest

by David M. Boertje

Individuals who are arrested for alleged crimes can be held in prison until their trial date, even though being arrested does not prove a crime was committed or that the person who was arrested is guilty of any wrongdoing. When this happens, the “innocent until proven guilty” idea does not seem to really apply. The amount of time that a person must sit in jail while they await the official filing of charges and setting of a court date can take months. Defendants who are arrested are extremely lucky to be able to see their day in court in a few weeks, but most of the time, a person awaiting a court hearing will at least spend a couple of months behind bars. The most severe felony criminal charges can keep a person awaiting court for years.

The reason why it can take so long to get a court date is that there are a lot of procedural actions that have to be taken when a person is arrested, including:

The prosecution will review a case and determine if charges should be filed.

April 9, 2021

Is it Possible to Have Your Bail Reduced in San Diego?

by David M. Boertje

It is possible to be released after an arrest in California without having to spend time waiting in jail until your official court date. Under the law, if you are booked by the authorities for a crime, you would have to sit in jail until your court date. Given that it could take months from the time you were arrested to get your day in court, you might be looking at a long time behind bars before you are even given the opportunity to argue your innocence. Bail is a way that defendants can avoid having to spend this time in jail waiting for their trial and instead, be released with the promise that they will return when their court date arrives.

If you have the funds to pay for your bail, you will be “granted bail.” This means that the court will take your money and you will be allowed to leave. A defendant’s ability to get a bail set in California largely relies on a judge’s discretion. A judge can decide if a defendant deserves bail and how high the amount should be. While a judge will refer to the California bail schedule to start their calculations, they will then assess a defendant’s situation to raise or lower the amount. Some details that the judge will examine are:

The type of crime committed
The seriousness of the crime
The defendant’s ability to post bail
The defendant’s criminal background

How Can You Get Your Bail Reduced in California

Even though a judge will likely assess your ability to pay bail, that does not necessarily mean that the amount they assign to you will be low or affordable based on your means. Regardless, it may simply be an impossibility to pay almost any bail amount if your current financial situation is not in good shape. When you are given bail and it is inconceivable that you will be able to pay, you can apply for a reduction.

When a request for a reduction in bail is made, the courts are required by law to look at specific factors to determine if a new bail amount is warranted. These include:

How serious the crime was and if the defendant is believed to pose a threat to the public.
The criminal history of the defendant.
If it is believed that the defendant will show up for their court date.
The amount of harm that was inflicted on the victim.
If there was a firearm or deadly weapon used in the crime.
The presence of a controlled substance in relation to the crime.

February 14, 2020

Is California Going to Put an End to Using Cash for Bail?

by David M. Boertje

The Los Angeles Times is reporting that Public Defender Chesa Boudin announced that no more cash bail would be used in criminal cases in San Francisco. This will mean that defendants will no longer have to pay to obtain pretrial release. A “risk-based” system will be used instead to define the need for a defendant to be placed in jail prior to trial.

Is this really a newsworthy story in California, the state that has already passed a law ending cash bail? It is. While California did pass the legislation, Senate Bill 10, for the ending of cash bail, it has not taken effect yet. The legislation was signed in August of 2018 by Governor Jerry Brown. The legislation was written to replace the old cash-based system with a new system putting the responsibility for determining jail time for defendants awaiting trial on the judge. For former Gov. Brown, signing this legislation was a personal victory as he was a vocal critic of cash bail saying it was a “tax on poor people” in 1979.

Senate Bill 10 and similar legislation being brought up by Boudin, are yet another way that California is leading the nation in criminal justice reform efforts. Advocates of these reforms say that requiring money for bail perpetuates already difficult racial and economic strains that exist within the criminal justice system. That a monetary bail system only works for the wealthy who can afford it.

Could Senate Bill 10 Have a Negative Impact on California’s Economy?

Los Angeles is the largest jail system in the United States. California makes up a significant portion of the bail market, meaning that those who work in the bail industry could be out of work. This has led to a national coalition of bail agency groups coming out to fight against the bill and try to have it overturned. They were successful in that they acquired enough signatures to be on the November 2020 ballot.

Eliminating the cash bail system means that for now, it stays in limbo until the residents of California vote its fate. The outcome of the bill is unknown. There are polls that suggest there is quite a division amongst voters on whether or not to put an end to the cash bail system.

Not only does the bill have opposition from the bail industry, but the ACLU of California has their doubts about the alternative. They fear that when a judge gains so much power, there will be an increase in defendants put behind bars. For those in San Francisco though, changes to the bail system will happen independently of how the vote in the state turns out in November. It is up to the D.A. to decide which policies they approve and will enforce for pretrial jail time. Continue reading

October 11, 2019

Bail Assistance in San Diego

by David M. Boertje

When you are under arrest by the police, your first thought might be, “Will I go to jail?” If you do go to jail, then your first thought might be, “How can I get out of here?” One way you can get out of jail is to post bail with the law enforcement agency that has you in custody. Your experienced criminal defense attorney can provide bail assistance by working to get the bail reduced.

Three Ways to Get Released from Jail

There are three ways for defendants to get released from jail – bail, cash bail, and on their own recognizance (OR). Although this article’s primary focus is the bail option, you should be aware of the other two options. These options are:

Cash bail – paying the full amount of bail in cash
O.R. – your own recognizance

How Does Bail Work in San Diego?

Depending upon the severity of the crime you are accused of, the bail amount will be a high amount or low amount. When a person is put in jail, the bail is set at a monetary value. For instance, the bail for a DUI causing injury, according to the San Diego County Court Bail Schedule, is $20,000. For murder, there is no bail.

Hearing the bail amounts can be confusing to people. Some family members are unable to pay the bail amount, which leaves their loved ones sitting in jail, for even a simple misdemeanor.

The way bail works is that the bail will be set at a certain amount, but through the use of a bail bondsman or bail company, only 10% of the bail is necessary to get out of jail.

Example of How Bail Works

The way bail works is serious business. Imagine that your bail is set at $2,000. When you hire a bail company, the company will cover the entire $2,000, in exchange for a $200 fee. When you show up to all of your court hearings, the company will get their $2,000 back, and still keep your $200. This is how the bail company makes a profit.

If you fail to appear at your court hearings and skip out on the bail that was paid for you, a bounty hunter may be sent to locate you and take you back to jail so they can recover their funds. Continue reading

April 25, 2018

California Appears to be on the Cusp of Bail Reform

by David M. Boertje

California appears to be on the cusp of initiating a statewide reform of their bail laws. The state’s notoriously high rates for bail have put it first in the nation, with an average bail of almost $50,000 per person accused of a crime. Critics of the current system argue that the high costs are unjustified and essentially jail individuals because they are poor. The sky-high bail rates increase the populations of an already-overcrowded jail system at no small expense to taxpayers. According to a study by the UCLA School of Law, California jails 59% of all people accused of a crime in the state at a cost of roughly $204 per day. Nationwide, only 32% of individuals accused of crimes are held until their trial, and the average pretrial supervision program costs a mere $15.

The state’s ineffective bail system gained national attention this month when an elderly man in San Francisco was held on a $350,000 bail, despite being accused of minor crimes. The San Francisco resident, Kenneth Humphrey, was accused of stealing $5 and a bottle of cologne. In response, the police charged him with robbery and residential burglary because he allegedly stepped into his neighbor’s room to take the cologne and $5 bill. Unable to pay the $350,000 in bail, Humphrey spent 250 days awaiting trial in San Francisco County Jail.

After a panel of state appellate court judges ordered a new bail hearing in January, the judges did not mince words in their condemnation of Humphrey’s treatment. “A defendant should not be imprisoned solely due to poverty,” the Court said. Humphrey’s treatment was the “antithesis” of the Constitutional protections of liberty and due process. Advocates point out that when impoverished people are held for long periods of time awaiting trial, they not only lose their jobs, but they are also more likely to accept a plea deal – even when innocent – just to be released from jail. While a plea deal results in being released from jail, the person accused of the crime will likely no longer have his or her job. Even worse, with a criminal record, it will be more difficult to locate employment.

Before the court ruling, California followed a complex bail schedule and algorithmic risk schedules, described by the UCLA School of Law as “opaque.” According to the same study, the for-profit bail industry’s powerful lobbying arm is behind the high bail fees, high prison rates, and ultimately high spending on imprisoning people who are presumed innocent under the Constitution of the United States. Now, according to the judges, prosecutors and judges must take “ability to pay” into account when determining bail.

That argument resonated with California Attorney General Becerra, who said, “Bail decisions should be based on danger to the public, not dollars in your pocket.” The Attorney General joins a growing chorus of California politicians seeking to abolish “cash-only” bail; that list includes Lt. Gov Gavin Newsom, Sen. Kamala Harris, and California Chief Justice Tani Cantil-Sakaueye. According to the three-judge panel in Humphrey’s case, legislation is desperately needed. Thankfully, California has drafted a bail reform bill already in SB 10. All they need to do is sign it. Continue reading

February 26, 2018

Men in Oregon Standoff Violate Their Release Conditions

by David M. Boertje

It has been reported that two men, Jon Ritzheimer and Ryane Payne, involved in the occupation of Malheur Wildlife Refuge in Oregon, haveviolated their release conditions by visiting the Bundy ranch in Nevada without permission. Evidently, the evidence was in Facebook photos and discovered by a federal pretrial services officer in Oregon who notified Brown. As a result, U.S. District Judge Anna Brown has moved up Jon Ritzheimer’s date to surrender to prison from Feb. 15 to Jan. 12. Ryan Payne was ordered to return to home detention in Las Vegas. Both men have been forbidden from having contact with any defendant from either the Oregon or Nevada standoff cases before their prison sentences begin.

Originally, Mr. Ritzheimer’s release condition had specified a no-travel restriction that only allowed him to travel from Arizona to Oregon for court proceedings. Mr. Payne was given permission to go from Las Vegas to Montana for Christmas after a mistrial was declared last month for the Bundy-affiliated defendants involved in the Nevada armed standoff in 2014. Neither of the men was allowed to go to the ranch. Judge Brown decided to deal with the allegations informally instead of through formal proceedings.

Violating Release Conditions in California

There are several ways a court can conditionally release you from prison or jail. You can be released on bail before your trial proceedings start, released on your own recognizance (which does not require paying bail), or you can be released on parole after you have already served some jail time.

If you have been released on your own recognizance, it means you have simply promised to attend all court dates and proceedings. See CA Penal Code § 1318. This option is saved for those who are a low flight-risk and are not accused of serious crimes. Failure to appear in court then, results in another misdemeanor if you were charged with a misdemeanor, and a felony, if you faced a felony charge.

If you have been released on bail, that can come with certain conditions from the judge, such as staying away from certain people. A violation of a bail release can result in either a warning, arrest, a revocation of bail (going back to jail), an increased amount of bail, more restrictive bail conditions, and even a contempt of court charge. Continue reading

May 18, 2016

California Judge Orders Jetblue Attendant Held Without Bail on Cocaine Charges

by David M. Boertje

A federal judge in California, U.S. District Judge Andre Birotte, recently overruled a Brooklyn magistrate judge and ordered a flight attendant held without bail after she allegedly dumped a bag of cocaine and fled authorities at Los Angeles International Airport. This decision came after the judge in Brooklyn had set defendant Marsha Reynolds’ bail at $500,000. This means Reynolds must now remain in custody in New York until she is transported to California to face her drug trafficking charges.

Reynolds, a JetBlue Airways Corp employee, is accused of dropping a 70lb bag of cocaine when she was randomly selected for screening at LAX – taking off her heels and running away. Eyewitnesses said she had gotten nervous when she was selected and then made a phone call in a foreign language. LAX police soon found 11 packages of cocaine wrapped in cellophane inside one of the bags Reynolds left behind. The drugs are worth about $3 million.

Reynolds later turned herself in to authorities in New York. She was able to board a flight the next day to New York just by wearing her airline tag with her real name on it. This is because flight crews are subject to special security permissions, although they are still subject to random bag checks. In an embarrassing illustration of security breakdown, communication lapses, bureaucratic protocols, and special security privileges afforded to airline employees have contributed to Reynolds’ escaping law enforcement until she surrendered herself four days later at Kennedy Airport in New York.

When Can You Be Held Without Bail?

“Bail” is known as the amount of money you must post in order to be released from jail. Typically, when arrested, those who are being detained have the right to see a bail commissioner within 24 hours to either be given the chance to post bail, or be released out of one’s own recognizance, or his promise to appear in court. In determining bail, a judge or police officer will consider the seriousness of the charges against you, whether you have prior convictions or a record, or whether you pose a flight risk or public threat.

The Bail Reform Act of 1984 allows federal courts to deny bail to a defendant who presents a danger to any person or the community or poses a flight risk (also known as pretrial detention). Under the act, crimes of violence, murder, and drug offenses where the penalty is 10 years imprisonment or more, presume a defendant is dangerous, and able to be held without bail. Continue reading