By Ruby Hernandez and Sunny Zhou
SACRAMENTO, CA – Confusion transfused the court for a while this past week as Sacramento County Superior Court Commissioner Alin Cintean and the defense were unable to resolve whether the accused’s probation warrant was active.
And, with the bail set to zero dollars, uncertainty over whether he could be released was the question.
A man was arraigned on two cases, both involving one count of misdemeanor possession of narcotics and a second count of misdemeanor possession of narcotics paraphernalia.
Commissioner Cintean indicated the accused was “ineligible for release at this point due to a …no bail… probation warrant.” He appointed Public Defender Kate Carlson to the case.
”I have a printout of the warrant in my hand; it does indicate no bail,” Carlson acknowledged. “[But] not knowing what the status is of that, it appears otherwise he would be eligible for release today.”
Carlson continued, “I don’t know if that was a clash, and that would explain today’s release date…” As the accused became agitated over the uncertainty, Carlson quietly advised him to “just chill.”
”I’ll reset bail to zero in both cases,” Commissioner Cintean said, ”The question is, is the jail going to release him if that active warrant is there. My guess is they are not.”
Carlson replied, ”I don’t know if it’s active judge, I can’t…it says active; it’s under active warrant.”
Carlson questioned whether the warrants on the accused’s other two cases on the department’s calendar were also active. Cintean confirmed they were.
”Why don’t we…put this over to Monday in our department,” Cintean suggested,” and see if we can calendar that for arraignment on the [violation of probation], because it’s an active warrant.”
Carlson asked, ”Is there a VOP though?”
Cintean responded, ”He’s on probation.”
“I understand that…it might be [PCRS],” Carlson replied, “but I literally don’t have any idea what’s going on with that.”
Cintean responded he also didn’t understand. “Let’s put this over to Monday in hopes that we’ll figure it out and see if we can calendar whichever case that warrant is on for that date.”
After going to the sheriff’s computer, Carlson confirmed that it was “showing [what is] essentially a parole hold, but the PRCS version.”
Carlson requested to reset bail in both cases to zero dollars, which the commissioner granted, and said she would follow up on the warrant issue.
The accused asked, “So I’m getting out then?”
“No,” Carlson replied, “As soon as we figure out what’s going on…we’re going to figure it out.”
The arraignment will reconvene April 20, 8:30 a.m., in Department 3.
