California Will Release Those Who Can’t Afford Bail – Reclaiming America

California Will Release Those Who Can’t Afford Bail

Arrestees in California who can’t afford bail to get out of jail will be set free anyway under a new groundbreaking ruling by the liberal California Supreme Court.


The California Supreme Court ruled Thursday that judges must consider suspects’ ability to pay when they set bail, essentially requiring that indigent defendants be freed unless they are deemed too dangerous to be released awaiting trial,” according to USA Today. [emphasis added]

“‘The common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional,’ the justices said in a unanimous decision. [emphasis added]

Judges can require electronic monitoring, regular check-ins with authorities or order the suspect to stay in a shelter or undergo drug and alcohol treatment, the justices said – conditions that ‘in many cases protect public and victim safety as well as assure the arrestee’s appearance at trial.’

“However, ‘what we hold is that where a financial condition is nonetheless necessary, the court must consider the arrestee’s ability to pay the stated amount of bail – and may not effectively detain the arrestee ‘solely because’ the arrestee ‘lacked the resources’ to post bail.’”

For more of this report, please go to USA Today.

If you’d like to share your opinion about this groundbreaking decision by the California Supreme Court, please email us at [email protected]. Do you believe indigent defendants should be released from jail if they can’t afford bail?