COURT WATCH: Judge Denies Release, Sets Bail for Accused Who Cannot Afford It

YoloCourt

WOODLAND, Calif. — During an arraignment in Yolo County Superior Court on Monday, Nov. 9, Judge David Rosenberg denied the accused’s request for release on his own recognizance (OR) or under supervised release conditions, despite defense counsel’s arguments that financial hardship and transportation difficulties had complicated his ability to meet previous court obligations.

The accused faces six separate cases. The felony case includes charges of robbery with an enhancement for use of a deadly weapon, exhibiting a deadly weapon other than a firearm and petty theft. The five misdemeanor cases include charges of shoplifting, resisting or obstructing an officer, petty theft, drug possession, possession of drug paraphernalia, simple assault and public intoxication.

Defense attorney Ava Landers told the court the accused missed a scheduled Oct. 27 court date because he had to travel to Sacramento. Landers said the accused intended to remain in the area to attend future court dates.

Landers also told the court that the accused did not have the money to reinstate his bail bonds. His earlier $5,000 bail bond in the felony case had been exonerated, meaning he would need to post new bail to secure his release.

Deputy District Attorney Alvina Tzang opposed the request for release. Tzang said jail records showed the accused had an outstanding felony warrant in Santa Cruz County and did not reside in Yolo County.

Bail was set at $2,500 in the felony case, down from the previous $5,000 bond. The court also set bail at $1,000 in an earlier misdemeanor case involving shoplifting and resisting an officer, along with $500 in each of the four remaining misdemeanor cases, bringing the total bail to $5,500.

Despite the defense’s arguments that the accused intended to remain in Yolo County, maintain contact with his attorney and comply with court requirements, Rosenberg emphasized that his primary concern was the accused’s failure to appear for a preliminary hearing in the pending felony case.

“I’m not so concerned about the new cases. It’s the felony matter that he did not appear for his preliminary hearing,” Rosenberg stated.

Tzang further argued that supervised release would be difficult to manage because the accused did not reside in Yolo County and had an outstanding warrant in Santa Cruz County.

According to Tzang, if the accused were transported to Santa Cruz County, Yolo County probation officials would be unable to supervise him, raising concerns about whether he could return for future court appearances.

“This is not one isolated incident where he failed to appear,” Tzang stated, arguing against supervised release.

Landers nevertheless requested that the court consider a form of OR release that would allow the accused to address his outstanding warrant in Santa Cruz County while continuing to meet his obligations in Yolo County.

Alternatively, Landers requested that the court reduce bail to $1,000 if it was unwilling to grant OR or supervised OR release.

Rosenberg denied both requests for release without monetary bail, explaining that the accused’s history of failing to appear raised concerns about whether he would attend future proceedings.

“I’m concerned about his ability to appear so he can finish the process,” Rosenberg stated.

Although Rosenberg described the $2,500 felony bail amount as “very low,” the ruling maintained financial conditions for release despite Landers’ explanation that the accused could not afford to reinstate his previously exonerated bond.

The court scheduled a prehearing conference and preliminary hearing for Nov. 30, leaving monetary bail requirements in place as the accused awaited further proceedings.

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  • Kira Schiavone

    Kira Schiavone is a junior at Occidental College majoring in Philosophy with minors in Politics and Cognitive Science. She is interested in criminal justice, constitutional law, and legal journalism. She hopes to attend law school after college to further develop these interests and pursue a career in legal advocacy.

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  • Valora Cirillo-Rodriguez

    Valora is a 4th year student at UC Irvine, double majoring in Criminology, Law and Society and Psychology. She hopes to pursue a career in law enforcement and gain a better understanding of the criminal justice system and the communities she will serve.

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