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California Supreme Court

Jul. 3, 2024

Admissible evidence not required to support pretrial detention order

The California Supreme Court left trial courts with substantial discretion to determine if evidence, whether admissible under the Evidence Code or not, is sufficiently reliable to support a detention order.

Dmitry Gorin

Partner, Eisner Gorin LLP

Alan Eisner

Partner, Eisner Gorin LLP

Robert Hill

Associate, Eisner Gorin LLP


Having a client released on bail is critical to a successful criminal defense strategy. The California Constitution and implementing statutes generally require that courts grant bail to criminal defendants.

Much recent litigation has focused on the amount of cash bail which trial courts may permissibly set considering a defendant’s financial condition. The Constitution does allow wholesale denial of bail under narrow circumstances, however...

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