How A Lost Credit Card And $7 Cheeseburger Reignited California’s Debate Over Excessive Bail

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.In these challenging times, the need for reliable local reporting has never been greater. Put a value on the impact of our year-round coverage. Help us continue to highlight LA stories, hold the powerful accountable, and amplify community voices. Your support keeps our reporting free for all to use. Stand with us today.

Kowalczyk was 55 when he was arrested and charged with three counts of theft. He told police he had found credit cards at gas stations around San Mateo and swiped three of them while trying to buy a cheeseburger. He then tried to have the charges refunded, which the restaurant manager refused, and attempted to return the food.

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.

“Being in prison and being in jail harms people because it results in worse outcomes and because you know if you have a job you’re going to lose it,” Ball said. “I mean look at him, right. He could have healed himself and gotten housing, which might put him on the path where he doesn’t have to use a fake credit card in order to get some food to eat.

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