Case Alert—in Re Kenneth Humphrey, 2018 Cal. App. Lexis 64*, 2018 Wl 550512 (1st Dist., 1/25/18)

• Publication year: 2018

CASE ALERT—IN RE KENNETH HUMPHREY, 2018 CAL. APP. LEXIS 64*, 2018 WL 550512 (1ST DIST., 1/25/18)

All counsel handling criminal cases should be aware of the recent Humphrey decision involving bail. The decision holds that bail schedules may not be rigidly followed without consideration of "a defendant's ability to pay, as well as other individualized factors bearing upon his or her dangerousness and/or risk of flight." Once a court determines the defendant does not need to be detained for public or victim safety reasons and the defendant should be released on bail, "the important financial inquiry is not the amount prescribed by the bail schedule but the amount necessary to secure the defendant's appearance at trial...