Judge Ends Pre-Arraignment Bail in Los Angeles County

Los Angeles County Superior Court judge Lawrence P. Riff, in the Stanley Mosk courthouse, signed an order on May 16, 2023, granting a preliminary injunction prohibiting the City of Los Angeles and the County of Los Angeles from enforcing the 2022 bail schedule for misdemeanors and reinstated the zero-dollar COVID-19 emergency bail schedule.

The COVID-19 emergency bail schedule, it should be noted, does not erase bail for all misdemeanors.  There are numerous exceptions, most notably domestic violence and certain sex offenses.  The bail schedule, as the reader may be aware, assigns dollar amounts of bail based on the crime charged.

Depending on the offense, arrestees who are able to post bail go free while those without enough money stay in jail for a few days until brought before a judge for a bail determination hearing.

Riff’s order, in Phillip Urquidi et al. v. City of Los Angeles, et al., 22STCP04044, went into effect on May 24, 2023, and ordered the County and City of Los Angeles to devise a plan for the pre-arraignment release of arrestees that addresses public safety and appearances at future hearings.

Mr. Urquidi was the lead plaintiff of six in a class action lawsuit, each of whom were arrested and remained in jail for at least five days because they were unable to pay the amount required under the bail schedule to secure their release.

Mr. Urquidi himself lives in his pickup truck with his girlfriend and earns about $500 per week working with a temporary agency.  He was held on $20,000 bail for a vandalism charge.  While jailed, he lost access to his prescription medication and was held in a cell with bedbugs.  His truck was impounded.  The fees on storage of his truck were astronomical and he could not afford to get his truck back, resulting in homelessness.

Three of the other named plaintiffs were released upon their own recognizance upon arraignment; one was released without any charges being filed; bail was reduced for another; and one person saw an increase in bail.

Riff’s ruling found that “Plaintiffs have made a strong showing that secured money bail, including the bail schedules at issue here, are not reasonably designed, much less narrowly tailored, to achieve the governmental interests at stake – namely, reduction in arrestees” and failures to appear.”

Riff continued, “The defendants have offered no evidence, via departmental data, expert testimony, academic studies, or otherwise, to controvert any of plaintiff’s evidence.”

Riff’s order followed weeks of testimony in which law enforcement and experts advocating changes in bail laws discussed the effects of pre-arraignment and zero-dollar bail on arrestees and the community.  Much of plaintiff’s expert testimony stated that pre-arraignment incarceration leads to more crime and is not conducive to public safety.

Plaintiffs argued that the bail schedule does nothing more than consider the severity of the crime.  It did not consider the individual defendant’s flight risk, the strength of the evidence, defendant’s financial strength or any other factor besides the arrest charge.

Many of the bail amounts are five times higher than the amounts for the same charge in other parts of the United States.

At any one time, there are approximately 7,000 people (presumptively innocent) jailed in Los Angeles County jails awaiting trial.

Much of plaintiff’s evidence in support of the preliminary injunction showed eliminating reliance on cash bail actually decreases crime and promotes public safety, despite claims to the contrary.  This is because even a few days of being in jail causes cascading effects on economic stability, housing and health that can create the conditions for further crime.  Economic effects of even a short period of time in jail can have destabilizing effects that continue for years. 

Plaintiffs pointed out that instead of jailing a person to ensure his or her future appearance in court, the court could instead send the individual text message reminders of the date, time and location of the court appearance.  This would save taxpayer money and not destabilize the person financially.

Moreover, detention certainly also exacerbates mental illness and substance abuse disorders.  Already this year (2023), at least ten people have died in Los Angeles Sheriff’s Department facilities, or more than two per month.