April 30, 2020 By Paul Wallin

District Attorneys Challenging Inmates Released Under No Bail Order

On March 19, 2020, California Governor Gavin Newsom issued a “stay-at-home” order for the state of California for the purpose of preventing the spread of the highly contagious coronavirus. California’s judicial branch quickly followed suit.

On April 6, 2020, California Supreme Court Chief Justice Tani G. Cantil-Sakauye issued a statewide order suspending all jury trials in District Attorneys Challenging Inmates Released Under No Bail OrderCalifornia’s superior courts for 60 days and allowed courts to immediately adopt new rules to address the impact of the COVID-19 pandemic. Chief Justice Cantil-Sakauye’s order also eliminated bail for many of California’s low-level offenders of misdemeanors and certain felonies–even if they have prior felony convictions. The Chief Justice’s order also allows the court to set or deny bail for serious and/or violent felonies defined in Penal Code sections 1192.7(c) and 667.5(c). Nevertheless, prosecutors can object that the release of the defendant would pose an unreasonable risk to the community.

Zero Bail

For these reasons, various district attorneys across the Golden State are re-examining their cases for the instances where they would object to certain defendants being released without posting bail. According to Tyler Pialet of the Los Angeles Daily Journal, Sacramento County District Attorney Anne Marie Schubert’s office is concerned with defendants paying no bail for certain crimes like elder abuse, felony assault, and hit and run causing death.[1] The article further details San Luis Obispo County District Attorney Dan Dow’s letter to the Judicial Council indicating his office’s potential objection to pretrial release for human trafficking, elder abuse, child abuse, and child endangerment. San Francisco District Attorney Chesa Boudin reportedly will use a “risk base” system to determine the potential danger and flight risk of the defendant.  

The various prosecutors’ offices recognize the importance and critical need of reducing jail populations during the pandemic. Particularly since, at the time of the article’s publication, 33 state prison inmates and 62 correctional employees tested positive for the virus. The potential spread of the virus within jails not only affects the lives of the inmates but also the various sheriff’s departments as they are in charge of the transportations and supervision of defendants in county jails.   

Contact Criminal Defense Attorney Wallin & Klarich Today

If you or a loved one has been accused of a nonviolent crime there is no time to waste. Not only is your freedom at risk, but during this COVID-19 pandemic—so is your health! Wallin & Klarich is here to help ensure that you or your loved one does not spend any more time in custody than what is legally necessary. Contact one of our experienced Wallin & Klarich criminal defense attorneys immediately to help you modify your sentence.

For over 40 years, Wallin & Klarich has been successfully serving Southern California. With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.

[1] DAs may challenge some inmates’ release By Tyler Pialet – Los Angeles Daily Journal (April 10, 2020)

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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