California’s aggressive response to the Covid 19 crisis included shutting down as many non-essential in person court operations as possible. Some court functions have returned to being handled in person, but many others are still being conducted remotely. It’s frustrating for all parties and their attorneys when civil proceedings are postponed, but it’s a constitutional violation for person accused of a crime to remain in jail unnecessarily due to delays. That’s why California bail bond agencies never shut down, continuously providing the essential service of helping criminal defendants obtain their release from jail as quickly as possible. Covid 19 policies throughout California are constantly changing, but one thing remains constant, the fastest and easiest way to get out of jail until your next appearance is to contact a reputable bail bond agency.
Mask Mandates at California Courthouses
California’s mask mandate was lifted by Governor Newsom in June, 2021 in response to a high vaccination rate throughout the state, only to be reinstated again in August, due to the spread of the Delta variant. Los Angeles County currently has a mask mandate for all persons entering all courthouses in the county. Presiding Judge Taylor employs the people of Los Angeles to “join together to stop the spread” and “remind everyone that facemasks, worn over the mouth and nose,” are required in all Los Angeles courthouses. To that end, additional Sheriff’s deputies have been hired to enforce the mask mandate and ensure that face coverings are being worn properly in all public locations within the courthouse, including the hallways and restrooms. In San Diego County, many in person functions have been restored and public access is close to pre-pandemic levels, but the mask mandate was reimposed on August 18th, 2021 at all courthouses. Each county in California has a different policy and the rules are constantly changing, so it’s important to check the website for the court you’ll going to as close as possible to the appearance.
Covid 19 and Criminal Justice In California
In California, and throughout the country, criminal proceedings have been given a preference over civil matters and changes to criminal justice procedures needed to be employed to prevent lengthy pre-arraignment custody. For example, in Orange County, an emergency administrative order issued on March 27, 2020 permitted own recognizance release for persons charged with a wide range of low level misdemeanors and felonies. The order allowed many types of criminal defendants to be booked and released without being taken into custody, taking pressure off the court system to handle arraignments. We’ve been living with Covid 19 for over a year and half, developing ways to handle many essential criminal justice functions online. For example, in San Diego County, most out-of-custody criminal hearings are being held remotely with the following options:
- Attending virtually via telephone or video;
- Waiver of personal appearance;
- “Walk-up” courtrooms where A/V equipment is available for a virtual appearance;
- In person hearing in some cases, but only if your attorney is also present.
One of the most sacred values of our criminal justice system is the right to a jury trial that’s enshrined in the Seventh Amendment of the United States Constitution. To meet that obligation, California courts are trying their best to bring back jury trials in criminal cases as safely as possible. For example, Riverside County, in additional to strictly enforcing the mask mandate, is taking the following steps to keep jurors safe:
- Waiting until the case is ready for trial before calling in jurors;
- Asking jurors to complete their availability forms online and
- Implementing additional cleaning protocols in high traffic areas.
Some California counties are beginning to conduct virtual jury trials for civil cases, but claims of bias and distraction have put the brakes on plans to conduct criminal trials online.
What To Do If You’re Being Held In Jail in California
Not all charges or defendants are eligible for own recognizance release and the spread of the Delta variant within prisons is much higher than in the general public due to crowded communal living conditions. Getting out of jail many be easier than you think because California bail bond agencies offer discounted rates, payment plans and other flexible options that could get you released within hours. You may even qualify for a bail bond for only 1% down. The best way to get started with getting a bail bond is to ask a friend or family member to call a reputable California bail bond agency to discuss their options.
