Bail and In re Humphrey

Bail and In re Humphrey

RC Phillips, DDA (Ret.)
October, 2021

In re Humphrey (2018) 19 Cal.App.5th 1006  (review granted May 23, 2018, S247278)

This P&A will summarize the Court of Appeal opinion, issued on January 25, 2018, which impacts bail decisions in California.  On February 20, the California Attorney General announced he will not seek review of the Court of Appeal’s decision.

The Court of Appeal in Humphrey summarizes its principles regarding money bail:

       “A defendant may be not be imprisoned solely due to poverty.”

       “Rigorous procedural safeguards are necessary to assure the accuracy of the determination that a defendant is dangerous, and detention is necessary in the absence of less restrictive alternatives to protect the public.”

I.  The Concern of the Court of Appeal ....