Criminal Defense

Whether you are experiencing the criminal justice system for the first time, or have been exposed to the system previously, the overall experience can be frightening, confusing, and uproots your entire life.

The current laws on the books say, “An arrestee’s release pending trial is often conditioned on whether the arrestee can make bail. To do so, an arrestee posts security — in the form of cash, property, or (more often) a commercial bail bond — which is forfeited if the arrestee later fails to appear in court. Those who can’t afford to satisfy the bail condition remain in jail until the end of the criminal proceedings.

Underlying this arrangement is a major premise: that the state has a compelling interest in assuring the arrestee’s appearance at trial and protecting the safety of the victim as well as the public. Yet those incarcerated pending trial — who have not yet been convicted of a charged crime — unquestionably suffer a “direct ‘grievous loss’ ” of freedom in addition to other potential injuries.  In re Humphrey, 11 Cal. 5^th 135.

California Constitution’s Article 1, section 12 states,

“A person shall be released on bail by sufficient sureties, except for:

(a) Capital crimes when the facts are evident or the presumption great;

(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or

(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.

Excessive bail may not be required. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case.

A person may be released on his or her own recognizance in the court’s discretion.”

Judges are supposed to weigh the factors of public safety, using Article 1, section 12, and a person shall be released unless it is a Capital crime, offenses involving violence upon another, sexual assaults, or release would result in Great Bodily Harm, or threats of harm. 

Despite this, thousands of people in California are being held without bail, kept locked up awaiting court hearings, with little to no recourse other than filing a writ for release. 

The Fourth Appellate Court followed up on Humphrey addressing the Superior Court’s remanding of a defendant after preliminary hearing for a child abuse case.  In Yedinak E080685 the court found that while there was an act of violence this did not indicate that violence was beyond that incident. 

You need to know your rights and protect your freedoms from the Government taking away your freedom.  You need someone on your side that will fight for those rights.  Someone who is familiar with the law, and stays current on laws coming down from the appellate and supreme court, as well as relevant federal cases that could apply to your case. 

Having reviewed, and resolved thousands of cases, Griffin Legal Defense has the ability to review your case, understand the case in context of thousands of other cases, and we will take the time to explain your case to you, in a manner that you can understand.