COURT WATCH: Defense’s Request to Modify Bail Agreement Denied

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By Gabrielle Biederman 

SAN DIEGO, CA- In a felony readiness hearing that occurred today in San Diego Superior Court, the defense requested a modification of the bail agreement to allow for the accused to be able to drive a motor vehicle to and from work.

But, following comments from Deputy District Attorney Jessica Stehr, Judge Robert Kearney denied this modification.

After a discussion of the upcoming dates for the preliminary hearing of this case, the defense argued that because the charge did not involve a motor vehicle but, instead, a motorcycle, the accused should be allowed to drive a motor vehicle to and from their place of employment.

However, DDA Stehr commented, “I do not see any reason to modify the bail,” adding there should be no modification because there was no proof of employment presented by the accused or their attorney prior to the hearing.

Following these statements, Judge Kearney explained that because the original bail terms prohibited the accused from operating a motor vehicle he “cannot overrule the decision of another judge.”

Judge Kearney ultimately denied the defense request, and the bail remains as it was originally written. Upon release on bail, the accused will be prohibited from operating a motor vehicle of any type.

About The Author

Gabrielle Biederman is a rising junior at the University of California, Los Angeles, and is from San Diego, California. She is pursuing a double major in Geography/Environmental Studies and Political Science. After graduation, she plans to go to law school and study environmental law; she is excited to learn more about the justice system firsthand through being a VanGuard Court Watch Intern.

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