VAN NUYS, Calif. — A Los Angeles County judge reduced bail from $50,000 to $25,000 Monday at the Van Nuys Courthouse West in a vandalism case involving a broken store sensor, despite prosecution arguments that the accused’s criminal history and repeated failures to appear in court justified maintaining the higher amount.
Judge Stephan A. Marcus reduced bail after determining that the alleged offense was nonviolent. The accused faced $50,000 bail after pleading guilty to vandalism involving property damage exceeding $400, while the prosecution argued that his criminal history warranted maintaining the original amount.
The amount of bail imposed in such cases has been the subject of legal debate in California, including In re Kowalczyk, which involved a man whose bail was set at $75,000 after he used a credit card he found to purchase a $7 cheeseburger.
Deputy Public Defender Javier Samuel Trincado challenged the original $50,000 bail amount, arguing that it was excessive for a nonviolent offense and that the accused could not afford to pay it.
Trincado also argued that the accused has an apartment and is involved with the Screen Actors Guild as both an actor and a director.
Trincado maintained that the accused did not intentionally vandalize the store. Instead, he argued that the accused accidentally struck the store’s security sensors while leaving, resulting in the damage underlying the vandalism charge and the $50,000 bail amount.
Trincado concluded his argument by stating that the accused had promised to stay away from the location where the incident occurred. He also cited the accused’s stable housing and efforts to improve his circumstances.
Deputy District Attorney Bradley Lieberman opposed reducing bail, arguing that the accused had five prior felony convictions, numerous misdemeanors and 23 failures to appear in court, which he maintained indicated a risk of future criminal activity.
Lieberman also disputed the defense’s account that the damage was accidental, arguing that the accused’s criminal history made it more likely that he intentionally struck the sensors.
Referring to the accused’s background as an actor, Lieberman remarked that the accused’s “best acting is in this court.”
The prosecution did not address the accused’s ability to afford the $50,000 bail amount it sought to maintain.
After considering both arguments, Judge Marcus agreed that the offense was nonviolent but also acknowledged that the accused’s 23 previous failures to appear in court presented a risk.
Marcus ultimately reduced bail to $25,000, taking the nonviolent nature of the offense into account while leaving a substantial financial condition in place.
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