COURT WATCH: Court Sets $40K Bail for Woman without Money, Living with Mother, Despite ‘Consideration’ of Humphrey Factors

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By Audrey Sawyer and Felecia Johnson

SANTA ANA, CA — Bail remains at $40,000 this week for an accused who entered a not guilty plea in Orange County Superior Court for charges of possession of a controlled substance with intent to sell.

While the defense requested for the accused to be given a release on own recognizance, the judge declined, citing that bail is needed to “protect the public.”

Deputy Public Defender Kimberly Sargant argued the accused lives with her mother, in another city, who transports her to and from court, and that the accused currently does not have any money to post bail ($40,000) at this time.

Judge Sheri Sandecki said her concern with the accused was: “She has a criminal conviction sheet showing warrants of her evading probation violations, parole violations, and her last violation is from last year.”

The judge added, “Even when on probation and parole, she does not come to court. The court does find by clear and convincing evidence that the setting of the bail is necessary to protect the public and to ensure her appearance in court.”

Sandecki cited the Humphrey factors—that bail should be reasonable and not more than an accused can pay—had been considered in this case, but that the court is inclined to still set the $40,000 required bail.

The judge added the accused is subject to search, must attend three self-help meetings per week with proof of each court date, arrive to court in person every time, and cannot use any drugs.

Pretrial is set for Sept. 25, with the preliminary set for Sept. 27.

About The Author

Audrey is a senior at UC San Diego majoring in Political Science (Comparative Politics emphasis). After graduation, Audrey plans on attending graduate school and is considering becoming a public defender.

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