March 13, 2019 By Wallin & Klarich

Last year, Senate Bill 10 (SB 10) was signed into law by then-governor Jerry Brown. When it was set to become effective on October 1, 2019, the law would have eliminated California’s cash bail system and replaced it with a risk assessment system where judges determine if a person accused of a crime should be released from custody or held pending the outcome of their case.

However, after enough signatures from California citizens were collected for a repeal measure, the law will no longer go into effect in 2019. The cash bail system will remain in effect beyond October 1 and Californians will be able to vote whether to eliminate cash bail on the 2020 ballot, according to reports.

Eliminating Cash Bail in California

Under the current bail system in California, if you are arrested, you may have the opportunity to be released from custody while your case is pending by posting bail. The bail amount is determined by judges based on a bail schedule. If you cannot afford to post bail, you will remain in custody until your case is resolved.

The current bail system would have undergone a major overhaul under SB 10. The law would have eliminated cash bail so that economic discrepancies would not be a factor in who can post bail. In other words, people who were well off financially could afford to pay bail while others had to remain in custody because they could not afford to post bail, even if they were not guilty of the crime they were arrested for.

Under the new bail system, judges use analytical tools to evaluate individuals to determine if they are likely to show up for their court hearings. If they are deemed likely to show up to court, they will be released. Those who are deemed not likely to show up to court will remain in custody.

Cash Bail Halted

Almost immediately after the bill was approved last year, a contingent of bail industry representatives began an effort to collect signatures to repeal the new law. There are more than 3,000 bail bondsmen in California, and their careers were suddenly in jeopardy.

In order to repeal the law, 365,000 signatures from registered voters within a 90-day period were required. The American Bail Coalition announced recently that more than 575,000 signatures were collected in 70 days. With that amount of support, cash bail will remain in effect at least through the November 2020 election.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today

If you or a loved one has been accused of a crime, you should speak to an experienced attorney immediately. At Wallin & Klarich, our skilled attorneys have more than 35 years of experience successfully defending clients facing criminal charges. If you hire our attorneys before posting bail, we may be able to help you save money on bail.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

Call our office today at (888) 280-6839 for a free phone consultation. We will be there when you call.

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