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PaperclipPerfector  2yr ago (text post)   32174 thread views

Culture War Roundup for the week of November 13, 2023

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I am not a lawyer and this isn't legal advice, but I think it's high.

Ventura County's presumptive bail schedule is here. While that schedule is for initial arrests without a warrant, before seeing a judge, the 192(b) presumptive bail of 50,000 USD isn't meaningless as a motion around the typical case. By contrast, it's comparable to the original bail for the guy charged for the Ghost Ship fire (later reduced further between the first and second trial), and that was for three-dozen counts of involuntary manslaughter (albeit with an even less clear responsibility). There's been cases so clear-cut that judges just refuse to issue bail for involuntary manslaughter, but release on recognisance can be an option too.

There's a few different allowed reasons to upgrade bail, but most of them revolve around either ensuring the safety of the public, threats to witnesses, seriousness of the offense, or risk of flight. The combination of an older victim and further charges down the road would be the first place my mind would go.

The schedule also calls for an additional $50k for the allegation that he personally inflicted great bodily injury.

That being said:

  1. Under CA law, bail decisions must be individualized. The schedule is at best a recommendation.
  2. I don't see any evidence that he has yet been arraigned, which is when the judge sets bail. The $1 million bail might be some sort of default amount, pending arraignment.
  3. Bail is going to be higher for someone with substantial assets.

I thought the procedure in California had the arrest warrants include bail? I guess that'd be magistrate rather than judge, though.

Yeah, but that is what I meant by a default amount. I don't know that judges are even bound by law at that stage. As a practical matter, they can do what they want, because that issue is probably never litigated; the arraignment occurs very soon after arrest -- within 48 hours of arrest if the defendant remains in custody -- that any challenge to the bail amount will be a challenge to the amount set at the arraignment.

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