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Category: Bail Reform

Is more accountability coming to those “bad apples”?

Posted on by Ross Erlich

Rob Bonta, the newly-confirmed Attorney General of California, said that his first order of business would be to implement a new law that requires the state’s top law enforcement officer (the state attorney general’s office) to investigate all fatal police shootings of unarmed civilians.  Bonta noted that while the state, and nation as a whole, undergo this “racial justice awakening”, it is important to also have an awakening in “how the state polices.”

State lawmakers have been questioning Bonta’s office regarding if we would allow making police misconduct files public, would share the state’s gun database with firearm violence researchers and how his office would deal with a backlog in the state’s, unique, system of seizing lawfully obtained firearms from people convicted of certain firearm-prohibitive crimes or mental illness.

Now, how does all of this apply to you?  Well, I can tell you from my decade-plus in practice that yes, law enforcement officers do commit misconduct.  Almost everyone does, or has, committed some kind of misconduct, so it may be unfair to talk about this as something unique to police officers.  However, law enforcement officers are in a unique position of being the ones who can take our liberty away, are in charge of “protecting and serving”, who are the ones who write police reports and are there to serve the public.  If they commit misconduct, there is, arguably, “more to lose” than, let’s just say an office manager who steals some office supplies.

So, cop beat you up during your arrest?  Cop write something on the report that wasn’t true?  Cop take your money and not list it in your property receipt?  Well, you might have some (more) official recourse now and a more streamlined way to obtain that recourse.  If these misconduct files and complaints are made easier to access by attorneys, that can help us shed light on facts regarding a specific police officer that should be known to the prosecutor.

If you have been arrested or charged with a crime in Los Angeles, contact attorney Ross Erlich today for a free case consultation.  If you believe the police have committed misconduct or otherwise abused their power in dealing with you, also contact attorney Ross Erlich so that I can evaluate the facts and potential claims associated with the facts.

California Supreme Court’s thoughts on bail reform. Oh, and mine as well.

Posted on by Ross Erlich

The California Supreme Court said on Thursday that judges must consider a suspect’s ability to pay when they set bail essentially requiring that defendants who are indigent be released pending trial, unless they are deemed too dangerous to be released.  Keep in mind that judges can require electronic monitoring, regular check-ins with authorities during the pendency of a case, or order stays at shelters and drug and alcohol treatment in lieu of the cash bail.

The justices, in a unanimous decision, said that “the common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional.”  This is a major win for those who champion arrestee rights, criminal justice reform, etc.  Back in November, voters were unwilling to remove California’s cash bail system and replace it with a “risk assessment” system that judges would use to determine whether an individual arrestee was a threat to the public and whether that person would return to court for their case.

This decision by the state supreme court does keep California’s cash bail system in-tact, but not for those who cannot afford it.  Prosecutors will now have to prove, by clear and convincing evidence, that a lower-income arrestee is a flight risk or danger to society, unless cash bail is put into place.  On every case.

You might ask yourself, what even is bail or why is it used?  Well, bail is money or property that is “put up” by an arrestee that can be forfeited if they fail to appear to court for their case.  Traditionally, judges have looked to seriousness of the crime, a person’s prior criminal history and any failures to appear at court when determining bail.  Many argued that this allowed for wealthy persons to post bail and remain “free” while they fight their case while poorer, in-custody persons would have to fight their case from inside jail (poor conditions) and this would unduly cause them to take plea deals they wouldn’t otherwise take.

So, what does this mean for you?  Well, if you have resources, own a home, have income or family and/or friends who might financially support you, means probably nothing.  This decision doesn’t look at those who come before a judge at arraignment who have means.  What this means is that if you are out of work, no family supporting you, a low-wage worker, etc., a judge cannot simply keep you in custody via bail if you cannot afford it and you are not deemed a flight risk or a danger to society.  Even then, you might be able to get released without bail so long as you have periodic check-ins with law enforcement, court, etc.

Personally, I think this is a great decision and something that was long overdue.  Professionally, it will likely contribute to less business for me since people who are being held in jail typically want to hire an attorney faster so that we can appear in front of a judge and attempt to get them released without bail, but there is a bigger picture here.  We’ve all seen the wave of criminal justice reform coming and even though I am a private attorney and make a living out of people being taken advantage of by the system, my true passion in life is the reform of this system I, and my clients, have to navigate through on a daily basis.  So yes, it might lead to less money for me, but it is a step in the right direction for everyone to be seen equally in the eyes of the law.

If you, or anyone you know, has questions about bail, pending charges, an arrest or what your legal rights are, contact Los Angeles criminal defense attorney Ross Erlich today or visit the rest of www.rosserlichlaw.com to read more.