Judge Cuts Bail for Burglar, Cites Poverty Despite Long Criminal History.

WOODLAND, Calif. — During an arraignment hearing Friday in Yolo County Superior Court, Judge Stephen L. Mock reduced an accused’s bail from $1,000 to $100 after the defense argued the accused earned only $10,000 annually. The court ultimately set bail at the lower amount while denying release on supervised own recognizance.

The accused is facing a felony charge of second-degree burglary. The accused also has multiple prior cases, including both misdemeanor and felony convictions.

Public Defender James Bradford entered a not guilty plea on the accused’s behalf.

Judge Mock referenced the accused’s “more than a dozen cases” and expressed confusion about whether a new felony case had been addressed. There was confusion between the judge and the attorneys over the accused’s record of 14 misdemeanors and four felonies.

Deputy District Attorney Martha Wais asked Judge Mock to remand the accused without bail, citing the accused’s numerous failures to appear in court as the reason for opposing release.

Judge Mock sided with the prosecution and said the accused would be “less likely to return to court.” The judge denied the accused’s release, even under supervised own recognizance, and initially set bail at $1,000.

Supervised own recognizance, or SOR, is defined under California Penal Code 1320.7 as a form of pretrial release that allows an accused to remain out of custody on the condition that they return to court and comply with the terms set by the court while the case is pending.

The conditions of release can include submitting to testing and providing proof of identity to officials, avoiding locations or conduct that could result in a probation violation, and participating in community service or diversion programs.

Those considered a high risk to public safety or unlikely to appear in court remain in custody pending trial.

Bradford requested that bail be lowered because the accused earns only $10,000 annually. The court considered the accused’s financial circumstances, which hindered the ability to post bail, and agreed to reduce the amount from $1,000 to $100.

The statutory time frame for the case did not allow time to be waived that would have extended the trial period to allow for additional preparation. The accused asserted the right to a speedy trial.

As a result, the no-time waiver requires the case to be ready for trial within the statutory deadline and requires the state to be prepared to avoid a motion to dismiss based on a violation of the accused’s speedy trial rights.

The court stayed the cash bail at $1 and set bail at $100. An Early Disposition Conference and bail review, aimed at resolving the case through a plea agreement, is scheduled for July 15 at 9 a.m. in Department 8.

The Early Disposition Conference will allow the accused and the court to negotiate the possibility of a settlement, where a plea agreement can reduce the number of pending cases before judges and improve court efficiency. The proceeding can also prevent the case from going to trial.

A prehearing conference is scheduled for July 24 at 9 a.m. in Department 9 before Judge Daniel P. Maguire.

Tags: Yolo County Superior Court, Judge Stephen L. Mock, Bail Review, Second-Degree Burglary, Early Disposition Conference, Speedy Trial Rights

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