Proposition 25: Noble intentions, but not the answer

One of the most practically relevant issues on this year's election ballot is going unnoticed. Proposition 25 is a referendum on Senate Bill 10, a law passed in 2018 which has the noble intention of preventing those who cannot afford nominal bail from remaining incarcerated during the pendency of their case. Sounds great doesn't it?

Over 1 million people are arrested each year in California according to the state Department of Justice's website. That's out of about 39 million people who live in California. Chances are, you or someone you know has been or will be arrested, and this issue will play directly into your or their future.

Aside from a shortlist of misdemeanors for which police will immediately release people immediately following arrest, under SB 10, people who are arrested will have to remain in jail until they are taken before a judge who will determine whether to release the accused during the pendency of their case. The judge will do this by applying an algorithmic formula that can magically predict if the accused is a flight risk or poses a risk to public safety.

Because the person must remain in custody until arraignment, they will not be able to retain the attorney of their choice to represent them at arraignment. They will not be able to present in court in formal clothes and make their best first impression. They will not be able to gather documentation and evidence that could be helpful in their pitch to the judge to be released. They will embarrassingly be forced to notify family and friends of their unfortunate experience, to help them hire a lawyer and/or prepare for arraignment. All jail calls are recorded, so this could result in the recording of incriminating statements. They will have to notify their employer from the jail cell, in the form of a collect call, to explain why they can't make it to work Monday morning.

This will ultimately lead to innocent people pleading guilty to crimes they did not commit, just to get out of jail. Criminal convictions will accrue, and dreams will be ruined, all on account of SB 10.

In addition to due process violations, SB 10 will create a public health crisis by unnecessarily exposing members of the public to COVID-19 while in jail, where the virus has been reported to be most rampant.

Further proof that SB 10 needs to be voted down is the fact many prosecutors and defense attorneys oppose SB 10. Many judges and the ACLU also agree that this is not the solution to the problems created by a cash bail system.

One possible solution is for those who cannot afford to post nominal bail to be released on electronic monitoring on the state's dime.

As a criminal defense attorney, I walk the courthouses almost every day -- from Ventura County to Fresno County and everywhere in between. Never have I seen, known or encountered someone who was consulted with by the governor's office as to the potential effectiveness of SB 10. This is typical ivory tower individuals making decisions for those on the ground level.

Fortunately, our system of checks and balances contains a mechanism to prevent this miscarriage of justice from occurring. Voting "no" on Prop 25 will prevent this calamity from taking place.

Presidents come and go. Before we know it, it will be 2024 with a fresh set of candidates to bicker over. SB 10 however will remain in place. It will directly impact people's records, professional careers, and their ability to advance in life. If you have ever wanted the chance to make your vote count, this is it. 