NEWPORT BEACH, Calif. — A judge on Wednesday upheld $100,000 cash bail for a defendant during a felony hearing at the Harbor Justice Center, despite defense arguments that the accused earns only about $800 per month, a ruling that appears to conflict with the California Supreme Court’s In re Kowalczyk precedent requiring courts to consider a defendant’s ability to pay when setting financial release conditions.
The accused faces domestic violence-related felony charges involving a complaining witness and his stepdaughter. The state alleged the accused threatened his family’s physical safety while under the influence of methamphetamine and destroyed property inside their shared home.
At the start of the proceeding, the prosecution submitted a protective no-contact order to the court. When it came time to argue for pretrial release, the defense attorney stated the accused wanted to live with his uncle to separate himself from the situation.
The defense highlighted that the accused has deep roots in the community, having lived in an Irvine apartment with the complaining witness for the past six years and in Orange County for nearly a decade. To emphasize the financial hardship, the defense attorney explained that the accused relies on odd jobs to survive, earning only about $800 per month.
Presiding Judge Maria D. Hernandez focused on the accused’s prior criminal record rather than his immediate ability to pay. The judge read through his record aloud, noting a history of arrests, failures to appear in court and parole violations dating to 2009.
The prosecution argued the accused should remain in custody, telling the judge that a high bail amount was necessary to protect the physical safety of both the victims and the accused. Prosecutors also noted the accused had recently tested positive for controlled substances on a drug test.
Judge Hernandez agreed with the prosecution, ruling that the $100,000 bail would remain in place. During her analysis of the state’s bail framework, the judge noted that the accused’s family could potentially assemble the funds.
The accused spent the entire hearing obscured from the courtroom, held inside a metal cage that was further enclosed within a wooden structure. His voice carried through the structure as he told his attorneys that the complaining witness had been subpoenaed and sat in court all day the previous Thursday, explicitly stating she was not pressing charges against him.
The defense attorney explained to the accused that the complaining witness does not decide whether a case proceeds, noting that the decision to prosecute belongs entirely to the government. A loud laugh of disbelief echoed from the wooden enclosure after the attorney stated the decision rested with the state.
The court ultimately left the $100,000 bail intact, requiring the accused to remain in custody because he could not afford the release amount. Judge Hernandez then scheduled the accused for two consecutive follow-up court dates on July 10 and July 14.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
