The New Los Angeles District Attorney George Gascon Announces Elimination of Cash Bail for Any Misdemeanor Crime
Starting January 1, 2021, when somebody is arrested and then appears at their arraignment, the defense and the prosecution usually argue about bail.
Then, ultimately, the judge will decide the bail amount in any criminal case in Los Angeles.
However, the new District Attorney recently indicated that he would be instructing his prosecutors not to argue that bail be set for those offenders who are not charged with murder charge or who are not charged with a violent felony.
If they're charged with those, the prosecutors will argue for bail, and once again, it will ultimately be up to the judge whether, in fact, the bail is set and what that bail might be.
Own Recognizance Release for Non-Violent Crimes
On the other hand, if someone is not charged with a Homicide or a violent felon, the prosecutors in the 38 courts in Los Angeles County will be arguing that the person should be released on their own recognizance, according to recent statements from the new head District Attorney.
That policy will take effect January 1, 2021, in courts across Los Angeles County. This is very important for defendants because many do not have enough money to post bail or hire a lawyer.
So, many of them have used all of their money to get out in the past but then don't have money to hire a lawyer to defend themselves.
So, hopefully, this will assist defendants in hiring an attorney so they can defend their cases and be able to spend time with their families, work, and do other productive things.
How Will Judges React to New Bail Policy?
How the judges will react to this new policy is still unclear. In other words, technically, the judge controls what the bail is going to be set at. Having done this for 27 years, I think judges are going to get together.
The judicial council will meet and discuss the new policies, and they will develop their own policies on how to deal with bail issues in Los Angeles County.
They will decide whether or not to follow the prosecutors' apparent direction. Usually, when it comes to bail in Los Angeles County, judges listen to what the prosecutors say.
Sometimes, they will also listen to what the defense has to say. In other words, if the defense is arguing for a lower bail and can justify it.
There are judges who will go along with that. But now, if the prosecutors are seeking zero bail, certainly no defense attorney is going to argue against that, which will put the judges in a difficult position.
They would have to decide on their own whether to set bail, regardless of what the prosecutors and defense attorneys say.
This is a bit problematic because usually, the prosecutors who are tasked with representing the people of the State of California have information related to the case that a judge doesn't have.
So, if, in fact, judges make their policies regarding bail, they will unthinkingly set bail without really taking into account what prosecutors and defense attorneys say.
Bail Schedule in Los Angeles
The judges have set up a bail schedule, so I would expect them to weigh in on this bail issue.
Now, more than ever, it's crucial that you get an attorney who has experience handling criminal cases in Los Angeles and can fight for you every step of the way.
Not only on the bail issue but on your guilty or innocence and on how your case is ultimately resolved.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
