California Supreme Court
Jul. 3, 2024
Admissible evidence not required to support pretrial detention order
The California Supreme Court left trial courts with substantial discretion to determine if evidence, whether admissible under the Evidence Code or not, is sufficiently reliable to support a detention order.
Dmitry Gorin
Partner, Eisner Gorin LLP
Alan Eisner
Partner, Eisner Gorin LLP
Robert Hill
Associate, Eisner Gorin LLP
Having a client released on bail is critical to a successful criminal defense strategy. The California Constitution and implementing statutes generally require that courts grant bail to criminal defendants.
Much recent litigation has focused on the amount of cash bail which trial courts may permissibly set considering a defendant’s financial condition. The Constitution does allow wholesale denial of bail under narrow circumstances, however...
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