Bail Amounts Change in Response to COVID-19 Emergency
At the beginning of the COVID-19 pandemic, lowering the jail populations throughout the state became a priority to prevent the coronavirus from spreading through detention facilities like wildfire. One way California sought to lower these numbers was by instituting an “Emergency Bail Schedule” to decrease the number of people being held in custody while awaiting trial.
Normally, your default bail amount depends on the severity of the alleged offense, and then the judge can tweak that amount based on your criminal history, ties to the community, and other factors. For example, if you were arrested a few months ago for breaking into a store after hours and stealing something, your default bail amount for felony second-degree burglary should be somewhere in the ballpark of $25,000. But now during this pandemic, that $25,000 should theoretically go down to $0. Emphasis on should.
To defense attorneys’ dismay, local prosecutors continued to request increased bail amounts or release conditions even for offenses that the emergency order said should qualify for $0 bail. The Public Defender’s Office challenged the court’s ability to set bail above $0 for eligible offenses, arguing that the prosecutors and trial courts were not abiding by the state’s emergency bail orders. The Fourth District Court of Appeal (the appellate court that governs our trial courts here in San Diego) essentially ruled that the new $0 schedule was not required, but rather just suggested.
Especially now that inmates face more health risks than ever while serving time in custody, it is important to have a seasoned, prepared attorney in your corner to set you up for success wherever possible. Having a convincing argument for zero (or at the very least, affordable) bail could keep you or your loved one safe from potentially catching and spreading the virus, and help put you back in the driver’s seat as you navigate through your criminal case.
Do you or a loved one have questions about how the pandemic might affect your case? Reach out to David P. Shapiro Criminal Defense Attorneys today to see how we can help you regain control of your future!
Author Bio
David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.
Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.
His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.
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