New Pre-Trial Bail Case Considers Defendant’s Ability to Pay and Public Safety if Released

By Robert Phillips 
Deputy District Attorney (ret.) 

One of the many important decisions trial judges must make is the setting of bail for pre-trial defendants. Political considerations in today’s often-contentious world may sometimes attempt to influence the trial judge’s discretion in this area: one end of the spectrum demanding that absent a conviction, all criminal defendants must be set free, while on the other end, hardline bail opponents point out the dangers to society of allowing potentially violent defendants – convicted or not – back onto the streets. A recent case from California’s Supreme Court – In re Kowalczyk (Apr. 30, 2026) Cal.5th [2026 Cal. LEXIS 2206] – attempts to find that fine line between these two extremes, citing in the process long-standing California constitutional principles.

In this new case, Gerald John Kowalczyk was caught in January 2021 trying to buy a hamburger with someone else’s stolen or lost credit card, or actually six credit cards. After the first five were declined, the sixth finally worked. But then Kowalczyk showed the ultimate in hutzpah by deciding he didn’t want the hamburger after all and demanded his money back, in cash. Arrested shortly thereafter, Kowalczyk was charged with a host of crimes. At his arraignment, the trial court denied his motion to be ....

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