SAN FRANCISCO — A San Francisco Superior Court judge reduced bail for a homeless man charged with first-degree residential burglary Tuesday after finding that the previously established $500 bail was beyond his financial means, despite his efforts to obtain assistance from family members.
During the Oct. 13 hearing in Department 11, Judge Matthew S. Kahn heard arguments concerning whether the existing bail amount was reasonably attainable for the accused, who had no financial resources and was experiencing homelessness.
A certified law student, arguing for the defense under the supervision of Deputy Public Defender Eden Schwartz, explained that the accused had contacted family members seeking assistance with posting bail.
However, his family also had limited financial resources and could contribute only $100.
The defense maintained that the $500 bail was not reasonably attainable under the accused’s circumstances.
Assistant District Attorney Sarah Quiñones opposed reducing bail, pointing to the seriousness of the first-degree residential burglary charge.
The prosecution argued that reasonably obtainable bail was not necessarily the same as easily obtainable bail and maintained that $500 was an amount people could reasonably be expected to secure.
The defense’s argument centered on the accused’s actual financial circumstances rather than the nominal amount of bail.
Judge Kahn agreed with the defense, finding that the accused had established that $500 was not reasonably obtainable.
The judge cited the accused’s lack of financial resources and the fact that his family could provide only $100 toward securing his release.
Kahn reduced bail to $100.
The judge also ordered that the accused be placed on electronic monitoring if he obtained bail and was released from custody.
The next hearing was scheduled for Oct. 16.
The case highlights a central issue in California’s ongoing debate over monetary bail: Even relatively small amounts can keep people incarcerated when they lack the financial resources to secure their release.
Under California Supreme Court precedent, courts must consider a person’s ability to pay when setting monetary bail and cannot detain someone solely because they cannot afford release unless the court makes the findings necessary to justify detention.
In this case, the court’s decision turned on the accused’s actual financial circumstances rather than a general assumption that $500 was a reasonably obtainable amount.
Although the prosecution argued that bail need not be easily obtainable, the judge concluded that the accused had demonstrated that the existing amount was beyond his means.
The ruling reduced the financial barrier to release while retaining electronic monitoring as a condition if the accused posted bail.
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