November 2018 Bar Bulletin
By Jeffrey J. Clayton
Bail reform has always been a controversial subject, typically associated with arguments about rich versus poor people, and how far should the presumption of innocence go when it comes to persons charged with violent crimes.
California’s legislature recently passed Senate Bill 10 regarding bail reform, which was signed into law days later by Gov. Jerry Brown. It replaces California’s current bail system with a no-money bail system similar to that used in Washington, D.C. A defendant will either be detained with no bail, or released on recognizance with or without pre-conviction probation and supervision. The decision to detain or release is based on...