WOODLAND, CA – Judge David W. Reed denied the release of an accused from jail here at an arraignment hearing this week at Yolo County Superior Court, despite Deputy Public Defender Courtney Leavitt’s argument the release without bail was appropriate given the accused’s treatment willingness and inability to afford bail.
The accused is facing a misdemeanor charge for shoplifting.
DPD Leavitt argued the accused being released on supervised own recognizance (SOR) was a more appropriate alternative to jail, but Deputy District Attorney Alvina Tzang opposed the request, citing the accused’s history of missed court appearances.
DPD Leavitt initially acknowledged the accused’s receipt of complaints and asked that the pending motion relating to Health and Safety Code section 11395 be denied without prejudice. Judge Reed accepted but denied the motion without prejudice.
DPD Leavitt noted the single felony charge against the accused was for possession of less than a gram of a suspected narcotic substance—a nonviolent offense under Health & Safety Code § 11350, adding it is the accused’s first felony, with prior cases mostly misdemeanors.
However, when Judge Reed asked about the status of custody, DDA Tzang pushed back against the request to have the accused released, charging the accused had a long pattern of failing to appear in court, even after signing multiple promises to return.
DDA Tzang told the court the accused had previously indicated “no desire to stop using drugs” during a probation interview and, therefore, should not be trusted to comply with release conditions.
The accused’s alleged failure to appear in court, coupled with her untreated substance abuse problem would “make her voluntarily appear in court, very unlikely,” stated DDA Tzang.
DPD Leavitt addressed the accused’s inability to pay the bail amounts and her willingness to seek treatment and get better to be present in the lives of her grandchildren, who reside in Sacramento County.
The accused cannot afford bail because “she receives very small amounts of income from CalFresh monthly,” said DPD Leavitt.
Judge Reed agreed with DDA Tzang’s argument and denied the motion for release, stating the accused’s history of failing to appear made her ineligible for an SOR.
“She cannot be relied upon to come to court when she promises to do so,” Judge Reed said, adding he may consider SOR if and when a bed becomes available in a residential treatment program.
The accused remains in custody, with bail set at $100 for each misdemeanor charge and $5,000 for the single felony charge. Her bail review hearing is scheduled for March 28, and a preliminary hearing is set for April 8, 2025.
