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Judicial Counsel Recommends No bail on Many Misdemeanors and Felonies

Posted by Joel Bailey | Apr 06, 2020 | 0 Comments

In response to the growing Covid-19 Pandemic, the California Judicial Counsel today sent a report to Chief Justice Tani-Cantile suggesting  modification of bail schedules and other drastic changes to the daily running of the court system.  For criminal arrests,  they are still suggesting bail for DUI's and Domestic Violence cases, but I've heard the jail in San Diego will refuse to book them, or book and release them.  . Story is still evolving, and this the recommendation submitted to , she has not, but is expected to, implement these recommendations in a pending order. Maybe San Diego will finally get digital (like they said 25 years ago, lol).  The report also extends statutory times for Arraignments, Preliminary Exams, and trials, which are arguably guaranteed by the Federal Constitution's Right to a Speedy Trial.  Although most inmates benefit from this situation because of the releases without bail, those held on more serious crimes could face extended incarceration before their cases are heard.

The court has not officially adopted this report as an order as of today, April 6th, but I would expect it to do so fairly quickly as the Court's Capacity to handle both civil and criminal cases is being crippled by lack of staff and threat of further infection.  San Diego has been historically behind the curve in launching their computer-based case system.  As a young attorney 25 years ago ,I was told San Diego was "going to be computerized any day now", however, even today, access to court calendar, information and files, which are public documents, are not readily available.

If you have a case pending in San Diego Superior Court and don't know what to do, feel free to give the office a call, as things are changing daily.

Stay at home, stay safe.

About the Author

Joel Bailey

ATTORNEY BIO & EXPERIENCE Attorney Joel W. Bailey was born and raised in San Diego, California. He graduated from La Jolla High School, and earned degrees in Psychology, Sociology and Political Science from UC Santa Barbara, as well as completing a semester at the Universidad de Madrid in Spain....

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