Get the news that matters to all Californians. Start every week informed.The California Supreme Court has accepted a case that asks whether it is constitutional for judges to set bail at amounts far higher than a defendant can pay. Photo by Rahul Lal, CalMattersCalifornia has conflicting laws and court decisions on what judges should prioritize when setting bail. A case involving a homeless man with a long criminal record could resolve some uncertainty.
He served six months for the 2021 offense, but his case revived California’s long-running debate over bail amounts and it is still playing out. Now, the California Supreme Court is examining his case to decide if it is constitutional for judges to set bail at amounts far higher than a defendant can pay. that would have eliminated the cash bail system.
“This guy was trying to buy a hamburger,” Ball said. “There’s no horror movie that’s ever been made about the guy who bought a hamburger with somebody else’s credit card.”But San Mateo Deputy District Attorney Joshua Martin, who will argue the case before the Supreme Court, said Kowalczyk’s bail wasn’t about protecting the public, but was instead necessary to ensure he would show up to court.
Kowalczyk’s legal team is appealing that judgment and argues that the appeals court decision muddies the water on bail release decisions, potentially throwing the entire system into chaos.