NEWPORT BEACH, Calif. — A judge reduced bail Monday for a person facing misdemeanor and felony charges but set it at a level that remains unaffordable, effectively keeping the individual in custody despite arguments that he poses no flight risk.
At a pretrial hearing at Harbor Justice Superior Court in Newport Beach, Deputy Public Defender Kate Robinson requested a reduction of bail for the accused, who remains in custody on one misdemeanor and one felony charge. Robinson argued that the accused is not a flight risk and asked the court to reset bail at $100 due to his financial circumstances.
While Judge Derek Johnson agreed to reduce bail, he declined to lower it to a level the accused could afford.
The accused is facing two charges, one felony and one misdemeanor, and has prior convictions for second-degree burglary and several crimes involving police officers. Those prior convictions were cited as the basis for his continued custody related to the current allegations.
Robinson told the court that although bail reductions are not standard procedure, the circumstances warranted one because the accused lacks the financial means to post bail. She explained that bail had originally been set at more than $7,000 and requested it be lowered to $100, an amount she argued the accused could realistically afford.
In addition to financial hardship, Robinson told the court that the accused is not considered a flight risk and has family ties in the area. She said he maintains contact with his mother in San Juan Capistrano, who could assist him upon release.
Robinson argued that reducing bail would allow the accused to reunite with his family while awaiting trial.
Deputy District Attorney Lauren Whiting opposed the requested reduction, arguing that the accused’s prior convictions raised concerns about his compliance if released. Whiting said the prosecution could not ensure the accused would follow court requirements given his criminal history.
Judge Johnson and the prosecution reviewed the accused’s prior convictions and, despite none involving evasion of prosecution, determined that setting bail at $100 would be inappropriate.
The judge ultimately granted a partial reduction but declined to reset bail at the requested amount. Bail was set at $1,000 for the misdemeanor charge and $5,000 for the felony charge, bringing the total to $6,000.
The combined bail amount remains well beyond what the accused can afford.
Judge Johnson said the accused’s criminal history justified maintaining a high bail amount, concluding that it was reasonable under the circumstances. As a result, the accused is likely to remain in custody while awaiting trial.
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