SAN FRANCISCO, July 7, 2016 /PRNewswire/ -- The California Bail Agents Association filed a motion Wednesday morning to formally join the City and Sheriff of San Francisco and California Attorney General Kamala Harris as a defendant in a federal lawsuit filed by Equal Justice Under Law that calls into question the constitutionality of the cash bail system. Buffin v. City and County of San Francisco, 4:15-cv-04959-YGR (N.D.C.A.).
City and Sheriff of San Francisco, and Attorney General of CA Kamala Harris, both filed motions to dismiss Plaintiffs' operative Third Amended Complaint on June 23. The hearing on all motions is scheduled for Aug. 16, before Judge Gonzalez Rodgers in the Oakland Division of the Northern District of California federal court.
CBAA's motion argues that bail is a deeply-rooted practice expressly provided for in both the Eighth Amendment and California Constitution, which serves an essential role in the operation of the criminal justice system.
"Should surety bail be eliminated entirely, as purported social justice advocates EJUL demands, arrestees would be forced to participate in a government run pre-parole type of system, which is the epitome of social injustice," said CBAA President, Gloria Mitchell.
"Reasonable bail is a right of the accused guaranteed in the Bill of Rights – often taken for granted, but a precious right nonetheless," said Harmeet K. Dhillon, attorney for CBAA. "The elimination of this Constitutional protection would both strip away rights from many accused, keeping them incarcerated longer, as well as potentially put our communities in harm's way from flight risks who are released from custody without a sufficient guarantee that they will appear to stand trial."
CBAA is represented by Harmeet K. Dhillon and Krista L. Baughman of Dhillon Law Group Inc.
CBAA is a non-profit association of approximately 3,300 bail agents who facilitate the posting of bail bonds by arrestees in California, and ensure that bailees attend trial.
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SOURCE California Bail Agents Association