Nov. 21, 2022 – In re Kowalczyk (1st Dist., Div. 3, A162977)

The Court of Appeal holds that the bail provisions of article I, section 28, subd. (f)(3) of the California Constitution (mandating that rights of crime victims be respected in bail and OR release determinations) can be reconciled with article I, section 12, and that both sections govern bail determinations in noncapital cases. The court “reject[s] any suggestion that section 12 guarantees an unqualified right to pretrial release or that it necessarily requires courts to set bail at an amount a defendant can afford.”