Blog


21

Jun 2019

Why Bail Works

Considering the Rights of a Defendant As bail reform considerations take place across the country, few people have talked about why bail was established to begin with and how eliminating bail without an adequate substitute could take away certain rights provided to a defendant.  First, bail is not the enemy.  Yes, there are issues in the criminal justice system.  Undoubtedly, there is systemic racism and...

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17

May 2019

Pre-trial Release and Algorithm-Based Judgments

Why Both Sides Agree that Bail Alternatives Don’t Solve the Problem Bail reform debates are raging across the country, but what is the alternative?  Proposed algorithm-based judgments to determine pretrial release seem to exacerbate the problem.  Bail reformers argue that bail discriminates against minorities and the disenfranchised, but many argue that the alternative – risk-based algorithms- only increase the likelihood for discrimination. Both sides seem...

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19

Apr 2019

Case Study: Nevada Bail Legislation

A Look at Nevada’s Proposed Bail Reform Legislation Nevada is the latest state to struggle with how to reform a broken system.  America’s criminal justice system is in dire need of an overhaul but legislators have yet to figure out the best way to go about it.  In 2017, Nevada attempted to pass bail reform legislation but the attempt was unsuccessful.  The current Nevada Legislature...

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29

Mar 2019

Oversight Called for On Risk Assessment Systems

Why Many Are Questioning Whether Risk Assessment Programs Are Truly Unbiased If you have been following the bail reform debate you know that one suggested alternative to having a judge set bail is using a risk assessment program.  These systems use a predictive algorithm to determine whether a person should be eligible for pretrial release.  The pretrial risk assessment programs have come under scrutiny recently,...

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21

Mar 2019

New York Judges Take on Bail Reform

States around the country have been puzzled by how to fix a broken criminal justice system.  Everyone agrees that the system is broken, the disagreement comes when trying to determine how to solve the problem.  Some states have turned their eyes to the bail bond industry.  Hoping to provide a quick fix for a deep-rooted problem, they have attempted to eliminate the current bail practices. ...

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16

Mar 2019

Lori Laughlin Released on $1 Million Bail

In a shocking celebrity scandal, several Hollywood A-listers were named in a college admissions scheme that shook the California coast.  Lori Laughlin, Felicity Huffman and others were arrested and charged in the scandal which alleges that the actresses forged photos, tests and more to get their children into elite schools.  As reported by deadline.com, Lori Loughlin was released on $1 Million bail after turning herself...

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07

Mar 2019

Right to a Bail Hearing

Understanding your Rights Under California Law In California, you have a right to a bail hearing.  At a bail hearing a judge may use his or her discretion to alter the initial bail amount.  A bail hearing enables you to ask the judge to reduce your bail or to eliminate the bail conditions completely.  Penal Code Section 1275 governs bail setting, reducing and denying. A...

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01

Mar 2019

California Uniform Bail and Penalty Schedules for 2019

Each year the Judicial Council of California establishes a uniform bail schedule for the State.  The bail schedule standardizes how bail is set.  Setting bail help to ensure the defendant’s presence at future court appearances.  A judge has the discretion to modify bail for any given defendant.  At a bail hearing you may request that the judge reduce or eliminate you bail requirements.  The prosecution...

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22

Feb 2019

High-Speed Chase Suspect Held on $150K Bail

In Southern California, we are not surprised when we see a high-speed chase on the news.  If you watch the local news throughout the week, you will undoubtedly see at least one.  This week proved no different.  NBC4 Los Angeles reported on Filberto Alexander Felix who was arrested after allegedly stealing a Tesla in Riverside.  According to the news report he led police on a...

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15

Feb 2019

Kentucky Considers Bail Reform Legislation

The Kentucky House Judiciary Committee heard testimony last week from judges about the potential of bail reform.  Advocates of reform argue that judges need to take into consideration a person’s inability to pay when determining the appropriate bail amount.  Judges argue that they are already taking an individual’s situation into consideration when setting bail for a defendant. The committee heard testimony from a number of...

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