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Bail and the Ability to Pay

(1) Did the Court of Appeal err in holding that principles of constitutional due process and equal protection require consideration of a criminal defendant's ability to pay in setting or reviewing the amount of monetary bail? (2) In setting the amount of monetary bail, may a trial court consider public and victim safety? Must it do so? (3) Under what circumstances does the California Constitution permit bail to be denied in noncapital cases? Included is the question of what constitutional provision governs the denial of bail in noncapital cases--article I, section 12, subdivisions (b) and (c), or article I, section 28, subdivision (f)(3), of the California Constitution--or, in the alternative, whether these provisions may be reconciled. (In re Humphrey (2018) 19 Cal.App.5th 1006, review granted 5/23/2018 (S247278/A152056).)

Review on this issue has also been granted with briefing deferred in:

  • In re Ung (Aug. 10, 2020, H048152) [nonpub. opn.], review granted 9/30/2020 (S263946)

Updated: 9/30/2020

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