2nd Appellate District Court Orders Bail Reduction Motion Reheard
In re Brown Docket: B313533 (Second Appellate District), Opinion Date: March 14, 2022. The Court of Appeal granted the petition for writ of habeas corpus challenging the trial court's order denying petitioner's motion to reduce bail. The court concluded that petitioner is entitled to a new bail hearing that complies with In re Humphrey (2021) 11 Cal.5th 135, where the Supreme Court held that conditioning pretrial release from custody solely on whether an arrestee can afford bail is unconstitutional. The court ordered the trial court to hold a new hearing at which it is to consider nonmonetary alternatives to money bail, determine petitioner's ability to afford the amount of money bail if it is to be set, and follow the procedures and make the findings necessary for a valid order of detention if no conditions for pretrial release will adequately protect the government's interests in the safety of potential victims and the public generally or the integrity of the criminal proceedings. #inrehumphrey #bailreduction
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