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Criminal,
California Supreme Court

Mar. 26, 2021

Judges must consider means in setting bail, California Supreme Court rules

In the 29-page opinion, Supreme Court Justice Mariano Cuellar wrote that California’s current bail system, which conditions “freedom solely on whether an arrestee can afford bail,” is unconstitutional.

Judges must consider means in setting bail, California Supreme Court rules
Justice Mariano-Florentino Cuellar wrote the California Supreme Court's ruling Thursday that judges must consider a defendant's ability to pay when setting bail and find clear and convincing evidence that jail is the only way to protect public safety.

In a significant victory for advocates of changes in the bail system, the California Supreme Court ruled Thursday that judges must consider a defendant's ability to pay when setting bail in criminal cases and said indigent suspects should not be detained awaiting trial unless non-monetary release conditions can't ensure public safety.

The high court's unanimous decision, written by Justice $95

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