The California Supreme Court’s recent decision in In re Kowalczyk is one of the most significant developments in California criminal law and pretrial release procedures in years. Building upon the Court’s earlier ruling in In re Humphrey, the new decision further limits the ability of courts to rely upon unaffordable money bail as a means of keeping defendants in custody while their cases are pending.
For anyone arrested in California, including those facing DUI charges, drug crimes, theft offenses, domestic violence allegations, or other criminal charges, the Kowalczyk decision may have a substantial impact on whether they remain in jail or are released while awaiting trial.


