If you have been arrested for a crime you should call experienced cousel as soon as possible. As an Attorney with more 15 years of experience I have the knowlge of both the local courts and the courts in Fresno in particular.
below I will be going through some of the changes to bail that has occured recently which could impact your ability to gain your freedom while you are awaiting charges.
NEW CASE LAW
What you should be aware of is the new case in In Re Kenneth Humphrey, 2018, CAl.App. Lexis 64 WL 5500512 (1st Dist., 1/25/18)
the decision holds that bail schedules may not be rigidly followed “wihtout consideration of a defendant’s ability to pay, as well as other individualized factors bearing upon his or her dangerousness and/or flight risk.” Once a court determines the defendant does not need to be detained for public or victim safety reasons and the defendant should be released on bail, “the important financial inquiry is not the amount prescribed by the bail schedule but the amount necessary to secure the defendant’s appearance at trial or a court -ordered hearing.”
HOW THIS WOULD LOOK IN PRACTICE
The way this would probably look in practice is that the there would be a two step inquiry
1. The court would as before the decision make an inquiry as to the need to be detained for public or victim safety reasons
2. Does the Defendant pose a flight risk.
Only after this analysis has been completed does the court then go further for example if the defendant does not pose a risk to the community and flight risk and says he is not a flight risk and does not pose a risk to the community does the court then have to consider the other factors. The court must first determine the defendant should be released on bail then the important financial inquiry would be how much bail would be necessary to secure the defendant’s appearance at trial or a court-ordered hearing.
Before this case the court would have been restrained by the bail schedule now the court could determine that the person is not a danger or a flight risk and then make a determination as to the amount needed to secure the defendant’s appearance in court. And the court would not have to follow any kind of bail schedule.
Some courts have required that the defendant submit a declaration stating that they cannot afford the amount of bail on the bail schedule.
Although this could just be a local or court rule rather than a requirement of the case law. In bail hearings we always argue the above factors danger to the community and the flight risk.
This law does not change the pre-trial release or or or releas on own recognizance, law. Which means that many people who cannot afford bail in Fresno County were being releases on pre-trial releas or or. Especially if they met the above requirments.
If you or a loved one has been arrested or soon will be give us a call so we can go over your options.