Exciting News: Groundbreaking Bail Reform Legislation on the Horizon! 🎉 |
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In the spirit of fostering positive change and championing the rights of individuals within our legal system, I've recently received some heartening news that promises to reshape our approach to bail and judicial fairness. The ACLU, inspired by the challenging yet enlightening “Story of Daniel,” featured in my last issue, has reached out with a proposal for legislation that aims to rectify the injustices and inefficiencies plaguing our current bail system. Let's take a closer look at the transformative changes on the horizon. |
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For those who missed it, “The Story of Daniel” outlined how a client of mine flew back to the state of Hawaii to appear in court and self surrender on a grand jury indictment warrant, but was ambushed by a surprise arrest while sitting in the gallery at court awaiting his case to be called. |
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Top ACLU lawyers agreed the arrest should have never taken place in that fashion and have drafted new legislation, HB420, to institute 3 bench warrant related bail reforms; here they are. |
1. A New Era for Bench Warrants |
In an innovative twist, the new legislation will ban the service of bench warrants if the underlying case has a NEW court date set within the next 7 days. This means individuals with scheduled bench warrant recall hearings shall not be arrested before they have the opportunity to appear in court. But here's the kicker: should an arrest occur in violation of this rule, law enforcement shall release the defendant on a ZERO BAIL release, which means zero cash dollars shall be received for release. In addition, the arresting law enforcement agency shall also give the defendant a ride back home or to the location of arrest to make things right! |
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2. Halting Bail Increases at Grand Jury Indictments |
Gone are the days of prosecutors whimsically increasing bail at grand jury indictment hearings for defendants who have already had bail set or previously had bail posted. This measure addresses the unjust practice of bail hikes without just cause at the grand jury level, ensuring defendants are treated equitably throughout their judicial journey, from district to circuit court. |
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3. Outlawing Jointly and Severally Charge Court Fees |
Lastly, the bill will put an end to court fees being assessed jointly and severally on bail companies and defendants when a bench warrant is recalled. Since court staff are working regardless of case outcomes, imposing additional fees for missed appearances doesn't justly reflect court operational costs. This change not only reinforces bail as a means to ensure court appearances, not generate revenue for the state, but also opens the door for bail companies to seek refunds for past charges. Real reform in action! |
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A New Dawn for Bail Reform |
These proposed changes represent a pivotal shift in the ACLU’s approach to bail reform. The ACLU clearly has pivoted from their previously dangerous policy that all forms of pre-trial detention should be outlawed. They have learned from the failed zero bail experiments tested in the Bay Area and have concluded such policies only embolden criminals by creating a "revolving door of arrest and release." |
APRIL FOOLS!!! |
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In the spirit of April Fools' Day, it's important to clarify that the previous newsletter was indeed a jest; regrettably, the ACLU has not proposed the pragmatic, incremental reforms to the bail system as described. Instead, their focus remains on implementing broad, transformative changes that advocate for the elimination of cash bail and all forms of pre-trial detention, regardless of potential impacts on public safety. |
With a sarcastic wink, |
A1 Nick |
