COURT WATCH: Prosecution Attempts to Raise Bail without Defense Attorney Present – Judge Puts Brakes on Move

By Holly Werris

WOODLAND, CA – The prosecution attempted to raise bail without the defense attorney for the accused here in Yolo County Superior Court this week. It didn’t quite work.

When the defense attorney did not appear at the start of the hearing, Deputy District Attorney Preston Schaub attempted to have the court hear his argument to raise bail for the accused.

Judge David Power, however, urged the prosecution to wait. Schaub responded that he had filed ex parte motions, which should allow the court to proceed.

“I’m seeing that, but he has a lawyer,” Judge Power reminded him.

Schaub pressed the issue further, but it was noted in addition to the ex parte proceeding, Schaub had also filed the motions that morning, one of which was not an ex parte motion.

“You’ve captioned it as a notice of motion to this person with very short notice,” Power added.

Schaub pressed the issue again of raising the accused’s bail. He argued that it was important to examine how the accused had raised his bail money.

Judge Power cut him off and refused to hear the issue until the prosecution had contacted the defense. The defense attorney then appeared, and Power told the two sides to speak with each other.

After the confab, the judge decided to place a hold on the bail until a later hearing date. Both the prosecution and defense agreed to this course of action.

The court will reconvene July 17.

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  • Vanguard Court Watch Interns

    The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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