California is known for its unique culture; a lot of music, art, and the fashion that comes from the West coast. It is not only its culture that makes the state different, however. As its own state, California has also passed its fair share of policies and laws that are quite different from anything we see here in Texas. We thought we’d take a look at a recent law that passed in California that left a trail of controversy and discussion about bail.
On October 1st, 2019 the new law signed by Governor Jerry Brown that will effectively end cash bail in the state of California will go into effect. The Governor of the state signed the law in late 2018, amidst a flurry of controversy, criticisms, and also praises.
What Exactly Does the Law Entail?
When a person is accused of a crime, there is usually a lengthy process before they see their day in court. So rather than requiring defendants to pay cash bail before being released as they await trial, their release will hinge on an assessment of their risk to public safety.
The fair trial, of course, is a very important right guaranteed by the Constitution of the United States. Why? Because every person in the United States is innocent until proven guilty and our entire justice system really hinges upon this very important principle. This is important to keep in mind. In a recent post, we went through the history of the 8th amendment and why that is important.
What are the Dangers of the New Law?
Critics of the law point out that this new risk assessment system might simply keep more people in jail. So before someone is convicted of a crime, they might have to spend months in the county jail, causing them to lose their jobs, lose their schooling, cause rifts in the family, hardship with children, etc. Imagine you are a person working full time that supports a family. Suddenly you are accused of a crime but have yet to be convicted in trial. In the meantime, someone decides that you might be a risk and therefore you are to stay in jail for six months. In this time, your job will be gone and your family will suffer incredible hardship without the breadwinner.
Other critics say that the law does not guarantee a significant reduction in the number of people detained in jail while awaiting trial. Proponents, however, argue that the law will take economic standing out of the equation and treat suspects equally under the law.
So Who Decides Whether You Are a Risk To Public Safety?
With the new law, your release will be under the discretion of public officials and, apparently, software and algorithms. According to The Guardian newspaper, there will be software in place that helps decide whether a person is a flight risk or not. These will decide whether, based on your past behavior and other factors, you are likely to skip out on jail or not. In other words, your freedom is at the discretion of local law officials.
The contention is that most suspects accused of a nonviolent crime might be deemed ‘low risk.’ Those accused of more serious offenses might be deemed ‘high risk’ and therefore might stay in jail until their trial comes. The law is still unclear, however, as to other factors being taken into consideration and which suspects fall into which category.
The bail bond industry in California will surely suffer after the new law. There are approximately 7,000 Californians that will lose their job in the industry once the law takes into effect. This is certainly one consequence of the bill that is not being so readily discussed. Many small business owners and bail bondsman will suddenly be out of a job.
Why Freedom Bail Bonds Still Has Your Back
Getting into trouble with the law is a very stressful situation. The story is always more complicated than it seems on the surface. Waiting for trial is equally as nerve-wracking and spending that time in jail can completely turn your life upside down. Freedom Bail Bonds is here to help you when you need it. Give us a call.