California Legal Brief

The Rule of In re Kowalczyk is that trial courts may only deny bail in noncapital cases for offenses specified in California Constitution article I, section 12, subdivisions (b) and (c), and when setting monetary bail, must generally set it in an amount that is reasonably attainable for the defendant based on an individualized assessment of the totality of circumstances, under circumstances where pretrial detention is not warranted under section 12 subdivisions (b) or (c).