Photo: VALERIE MACON/AFP/Getty Images
A controversial zero bail policy for the city and County of Los Angeles went into effect Wednesday.after a judge granted a preliminary injunction in a class action lawsuit.
According to the provision, both the Los Angeles Police Department (LAPD) and the Los Angeles County Sheriff’s Department (LASD) cannot require some people arrested to post cash bail prior to an arraignment hearing.
LASD said the policy only affects those people who are arrested for non-violent misdemeanors or felonies.
Those arrested on charges of sex crimes, domestic violence, and weapons-related offenses are outside the zero bail policy.
LASD added that repeat offenders who are released without bond may be subject to a cash payment.
In early May, Superior Court Judge Lawrence Riff ruled in the Urquidi vs. Los Angeles, which seeks to end the use of cash bail. After giving the preliminary injunction, the judge said that holding a person for not being able to post bail would likely violate their constitutional rights.
At the time a person is taken into custody, the officers in charge set the charges, which are accompanied by a specified bail amount.. Those who cannot post bail must wait in jail until they can go to trial.
“We are supposed to have a presumption of innocence in this country. It’s not much of a presumption of innocence when you’re in a prison cell,” said lead lawyer for the lawsuit, Salil Dudani.
According to civil rights attorneys, tens of thousands of people are taken into custody each year, and they remain behind bars for several days, due to being unable to post bail.
When he finally gets to a judge, most cases are dismissed at arraignment. However, the people have already spent several days locked up in a jail.
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