Criminal Protective Order Found to Be Ineffective in Domestic Violence Case – This Time Judge Maintains $15,000 Bail

By Alex Jimenez

DUBLIN, CA – An Alameda County Superior Court judge here late last week maintained a $15,000 bail order after previous “less restrictive measures” failed to protect a victim in domestic violence cases—released from custody, the accused allegedly threatened to kill the victim.

(Note: The Vanguard does not usually disclose the names of those charged with misdemeanors and instead will refer to them as the accused.)

The accused in this case is being charged with battery, threatening a crime with intent to terrorize, and disobeying court orders.

In court, Assistant Public Defender Lindsay Horstman asked the courts to release the accused on his own recognizance after he had been held in custody since April 18.

According to Horstman the pre-trial services report showed a five out of 14 score and indicated release on level one, and additionally he had no failures to appear in court.

“I would indicate that under Humphrey [In re Humphrey, regarding bail] there needs to be less restrictive means available; it would be unconstitutional to keep him in custody,” said Horstman.

According to the Alameda County Court website, pretrial release programs are managed by the probation department. The assessment services seek to identify an accused’s level of risk or failure (to appear and/or new arrest) if released to the community, make recommendations to the court concerning conditions of release and supervise defendants who are released from secure custody during the pretrial phase.

Deputy District Attorney Camille Lynne Ching opposed an OR because of a pending domestic violence case against the same victim. The accused was earlier released on less restrictive measures, and in that previous case the courts issued a criminal protective order.

“Not only is he violating the criminal protective order but he has also committed new domestic violence cases,” according to Ching.

Ching explained the nature of this offense where he was standing at the victim’s door yelling “if you don’t let me in I’ll kill you.” After the accused was let in he proceeded to hit the victim, brandished a knife and once again threatened to kill her.

Judge Barbra Dickinson would maintain the $15,000 bail and the accused pleaded not guilty.

The next court date is on April 28 for a pre-trial hearing.

About The Author

Alex Jimenez is a 4th year politcal science major at the University of Calfornia, Berkeley. He has future aspirations to attend law school and is from Pleasanton, Ca.

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