WOODLAND, CA — A man facing misdemeanor drug and theft charges was able to get a slight bail reduction in Yolo County Superior Court this week, but was still told they had to remain in jail until they could get an available bed for alcohol treatment.
While the prosecution cited previous failures to appear in court and a “lengthy criminal history,” the accused’s public defender emphasized these were misdemeanors and one petty theft case, arguing for the accused to be released from jail with supervision terms.
The accused had been charged with unlawful possession of drug paraphernalia, possession of a controlled substance, petty theft of a bicycle, and resisting arrest, which made Deputy District Attorney Diane Ortiz argue for the accused’s custody status to stay the same.
“He has proven time and time again that he will not appear on his own.” – Deputy District Attorney Diane Ortiz
“He has proven time and time again that he will not appear on his own,” argued DDA Ortiz. DDA Ortiz, adding she believes the accused will also “run away even under supervision. He has five fresh cases, and one is a felony.”
However, Deputy Public Defender Aram Davtyan argued for probation supervision, leading to alcohol treatment, because the prosecution has not exhausted every avenue to get the accused to his hearings.
DPD Davtyan stated, “I would say there’s a reason why we give people things like probation, supervision, and such, and if not for the prior convictions, again, this would just be a misdemeanor. There are plenty of people, who do come into the courtroom…who may have missed a court date who get OR (own recognizance, no bail release).”
DPD Davtyan added the “spirit” of the law means “There are other findings that the court can make at a later point, but I believe those are premature.”
Judge Clara Levers agreed with DDA Ortiz’s rationale, noting, “Given the (accused’s) historical record of failing to appear, the court has great concerns that he would not” appear and not “comply with directives of supervised recognizance.”
Although Judge Levers reduced bail from the schedule, she ordered the accused to “remain in custody until a bed (in rehab) is available” because “the court finds, by clear and convincing evidence, that conditions less than the financial condition and treatment would not mitigate the risk of him failing to appear.”
The accused is scheduled for a prehearing and pretrial conference April 22 at 9:00 a.m. and then a preliminary hearing at 1:30 p.m.
