California has been at the center of a national debate on zero-bail policies, which gained significant traction during the COVID-19 pandemic. If you are facing a criminal charge in the Los Angeles area, you may not be required to pay a cash bail, but you still need the services and legal advice a Los Angeles criminal defense attorney provides.

California’s “Zero-Bail” policy ended mandatory cash bail for most non-serious and non-violent criminal offenses. Instead of requiring a bail payment for a defendant to be freed from custody, the zero-bail policy allowed for immediate citation and release before an arraignment.

The shift away from a cash-based bail system has impacted not only the defendants themselves, particularly the defendants from marginalized and low-income communities, but also the legal strategies and defenses their attorneys offer.

What is the History of the Zero-Bail Policy?

California’s zero-bail policy originated with the state’s response to the COVID-19 pandemic in 2020. To avert a public health crisis in California’s correctional facilities, the Judicial Council of California set bail at zero for most misdemeanors and some lower-level felonies. The emergency zero-bail policy lacked a comprehensive, individualized risk assessment component.

This change in the state’s bail policy led to a sharp increase in the arrestees immediately released. The goal was to reduce the number of individuals in pretrial detention and minimize the risk of a widespread viral outbreak in correctional facilities.

The statewide order was in effect for only a few months. Still, its effects were a powerful proof of the zero-bail concept, leading many counties, including Los Angeles County, to adopt similar local policies or new pre-arraignment release protocols.

What Have Been the Positive Effects of the Zero-Bail Policy in California?

California’s emergency zero-bail policy was based solely on the type of offense, unlike bail reform models that require a pretrial risk assessment of a defendant’s danger to the community and flight risk. The blanket policy approach:

  1. allowed for the release of a large number of arrestees without a financial obligation
  2. prioritized public health while serving as a de facto test of a non-financial bail system

The zero-bail policy eliminated the financial barrier to pretrial freedom for most defendants. Under the cash bail system, an individual’s liberty is tied directly to the ability to pay, a reality that disproportionately affects low-income communities and creates a two-tiered justice system.

Zero-bail pretrial freedom offers both tangible and intangible benefits for defendants. Now, defendants in Los Angeles County can:

  1. maintain their employment, avoiding the income loss that could precipitate a family crisis
  2. care for their children and dependents
  3. actively participate in preparing their defense

What Have Been the Negative Effects of the State’s Zero-Bail Policy?

A defendant’s ability to meet with a Los Angeles criminal defense lawyer, gather evidence, and locate witnesses from a position of freedom rather than a jail cell is a substantial advantage. Still, the effects of the zero-bail policy have not all been positive.

The zero-bail policy introduced a complex new set of pretrial conditions for many. Instead of a financial burden, released defendants may be subject to electronic monitoring, regular check-ins with a pretrial services officer, or mandatory participation in a treatment program.

For those without transportation or access to technology, these conditions may be as burdensome as pretrial incarceration. Another concern is recidivism. Several police agencies conducted studies indicating that those released under the zero-bail policy were more likely to be rearrested.

How Have Legal Defense Strategies Shifted in Response to the Zero-Bail Policy?

The zero-bail policy also required a fundamental shift in the legal strategies of defense attorneys. In a system where cash bail is the norm, a significant portion of a defense lawyer’s work involves securing a client’s release. Securing a client’s release may include:

  1. time-consuming and resource-intensive bail hearings
  2. arguing for a lower bail amount
  3. advocating for release on a defendant’s own recognizance, or
  4. working with private bail bond companies

By abolishing bail for misdemeanors and many non-violent felony offenses with the emergency zero-bail policy, California allowed defense lawyers, for the first time, to focus their efforts and resources entirely on a case’s merits. This focus enabled defense lawyers to:

  1. begin building a defense from day one
  2. conduct more comprehensive investigations
  3. engage in more robust plea negotiations, and
  4. prepare for trial without the immediate, crushing pressure of getting a client released

What Challenges Do Defense Attorneys in Los Angeles Now Face?

Defense attorneys in Los Angeles now face new challenges along with their newfound freedom to focus on their cases. For a Los Angeles criminal defense lawyer, a zero-bail policy means that high-risk clients charged with a zero-bail-eligible offense are released without supervision.

Defendants who would have benefited from pretrial services may now receive little or no follow-up. The policy’s temporary and county-specific nature has also created a patchwork system, requiring defense lawyers to stay updated on complex rules that can change without notice.

The ongoing debate over making zero-bail policies permanent has added another layer of uncertainty, affecting a defense attorney’s ability to develop consistent and long-term strategies. Lessons learned from the emergency zero-bail policy will continue to shape the future of California’s criminal justice system.

What Else Should Criminal Defendants Know?

If you are facing a criminal charge in Los Angeles or anywhere in Southern California, today or in the future, arrange immediately to speak with a Los Angeles criminal defense attorney: Douglas Miranda at Miranda Rights Law Firm. Do not attempt to act as your own defense lawyer.

Politely insist upon exercising your right to remain silent and your right to have your attorney present during any questioning. Do not sign any document, make any confession, or agree to any plea deal without first seeking defense attorney Douglas Miranda’s sound legal advice.

Let attorney Douglas Miranda put his experience to work on your behalf. To schedule a free case evaluation, now or in the future, contact Miranda Rights Law Firm by calling 213-255-5838. Se habla español.