California Supreme Court Requires Bail Be Reasonably Attainable for Most Defendants

Overview

• The state Supreme Court, in a 7-0 ruling Thursday, said judges must consider ability to pay and set bail a defendant can reasonably attain except in limited violent or capital cases.
• The decision sets new limits on using high bail to keep people in jail before trial, and defense lawyers said it could affect thousands of cases across California.
• The case stemmed from Gerald Kowalczyk, who used found credit cards to buy a $7 cheeseburger, then spent six months in jail after a San Mateo judge set $75,000 bail he could not afford.
• The court said judges can use noncash safeguards such as ankle monitors and regular check-ins to manage risk and ensure court appearances when release is appropriate.
• The opinion harmonizes California’s right-to-bail protections with the 2008 public-safety mandate and builds on a 2021 high court rule against unaffordable bail, after voters rejected ending cash bail in 2020.