criminal justice

Judge's Preliminary Injunction Prevents Demand for Cash Bail From Some Under Arrest

Judge Lawrence Riff gave the parties 60 days to come up with different rules for pretrial detention, but in the meantime people in custody for some offense cannot be required to pay bail before arraignment.

A judge issued a preliminary injunction Tuesday that prevents the city of Los Angeles and the county from demanding cash bail from some people under arrest who are waiting for their arraignment.

The ruling was handed down after Los Angeles Superior Court Judge Lawrence Riff held hearings that involved six plaintiffs who were among those being held in jails until a bench officer determines the conditions of their release as they wait for court hearings. The plaintiffs argued that a "wealth-based detention system" is unconstitutional under federal and state laws.

All of the plaintiffs in the case spent five days in jail because they could not afford to post bail.

People under arrest with sufficient wealth or other support can post the bail amount immediately and go free, but others not so fortunate have to stay in jail until their hearings, the judge wrote.

Riff gave the parties 60 days to come up with different rules for pretrial detention. Those options might include releasing people under arrest on their own with a promise to appear or the use of electronic monitoring.

But until then, Riff ruled that people taken into custody for non-violent and non-serious offenses cannot be required to pay bail before their arraignment. Those arrested for violent felonies or certain serious misdemeanors, including domestic violence, are not protected by the injunction.

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