INCARCERATION

In the adult criminal justice system, individuals are entitled to bail, or at least the consideration of bail.  This system is facing dramatic potential changes due to Humphrey’s considerations, to ensure individuals are not held in jail simply because they cannot afford bail.  Therefore, how the system of bail will continue in California is potentially changing, and new processes are being developed to ensure a fair and just system of pretrial incarceration in California.

Juveniles do not have a bail system in place and instead operate on a balancing of factors a court considers in evaluating if the child will remain in custody or be released pretrial.  These considerations and decisions can be renewed and reevaluated at future dates.

If you are arrested and held, you should speak to an attorney that can assist with pretrial bail procedures, and get you in touch with bail agents.  A skilled attorney will be prepared to make arguments on your behalf to assist in getting you released on your own recognizance.  They can also instruct on any pretrial Orders from the court, such as protective or stay-away orders, and Orders that may affect corollary proceedings such as Family Court Orders or Civil Restraining Orders in place.  I have argued, and coordinated hundreds of these types of pretrial bail, OR, and NCPO or Peaceful Contact Orders.