Commentary: California law limiting bail is clear. Will judges keep ignoring it?
Gerald Kowalczyk tried to buy a hamburger with credit cards he found on the floor. Then, while presumed innocent, he spent months in a California jail - not because a judge determined he was dangerous, not because he threatened anyone, but because the court set bail at $75,000 for a man who couldn't afford it, then simply denied bail altogether, in defiance of the law. Last week, the California Supreme Court unanimously saidno more. The court held that pretrial liberty is the norm; incarceration before conviction for any crime is the rare, carefully limited exception. If courts choose to condition freedom on a monetary payment it "must" be "an amount that is reasonable."
7 May 09:08 · The Fresno Bee