California’s criminal justice system has been the subject of years of debate over whether cash bail is fair, effective, or outdated. Many people believed that Proposition 25, a 2020 statewide ballot measure, would replace money bail with a computer-based risk assessment system. However, after voters rejected the proposal, California continued to operate under its long-standing cash bail structure.
At Griffin Law Office, APC, our San Diego criminal defense attorney assists clients and families in navigating the bail process every day. Understanding how cash bail works in California, why reform efforts like Proposition 25 failed, and what changes may still be ahead can help you protect your rights and plan your next steps after an arrest.
What is California’s Cash Bail System?
Under California’s traditional cash bail system, a person arrested can secure release from custody by posting bail—a specific amount of money determined by the court. The purpose of bail is to ensure that defendants return for future court hearings.
If the defendant appears as required, the bail money is returned at the end of the case. If the defendant fails to appear, the court keeps the bail and issues a warrant for arrest.
In many cases, defendants cannot afford to post the full amount, which can range from hundreds to hundreds of thousands of dollars. They often rely on bail bond companies that charge a non-refundable fee, typically 10 percent of the bail amount.
While the system was designed to promote accountability, critics argue that it creates unequal treatment, allowing wealthier defendants to return home while low-income individuals remain in custody awaiting trial.
Proposition 25: The Attempt to Replace Cash Bail
In 2020, lawmakers introduced California Proposition 25, a referendum on Senate Bill 10 (SB 10), which sought to end the use of cash bail entirely. The measure proposed replacing money bail with an algorithm-based pretrial risk assessment system that judges would use to determine whether a defendant should be released or detained before trial.
The new system would have evaluated factors such as:
- The severity of the alleged offense.
- The defendant’s criminal history.
- The likelihood of returning to court.
- The potential risk to public safety.
Instead of paying for release, individuals would be classified as low, medium, or high risk, and their release decisions would depend on those scores. Supporters of Proposition 25 believed it would make the system fairer and reduce pretrial detention based on wealth rather than risk.
Why Voters Rejected Proposition 25
When voters went to the polls in November 2020, they ultimately rejected Proposition 25, with nearly 56 percent voting “No.” Despite its promise of reform, the measure faced intense criticism from both bail reform advocates and law enforcement groups.
Key reasons for opposition included:
- Concerns about algorithmic bias: Critics feared that automated systems would still reflect racial or economic bias built into criminal data.
- Lack of transparency: The methods used to calculate “risk” were not clearly defined or publicly explained.
- Overreliance on technology: Many believed judges should evaluate defendants individually, not through computer-generated scores.
- Fear of unintended consequences: Some argued the measure could lead to more pretrial detention, not less, as courts became cautious about releasing defendants.
The rejection of Proposition 25 left California’s cash bail system in place. However, it also made clear that voters want meaningful reform that protects both fairness and public safety.
The Future of Bail Reform in California
Although Proposition 25 failed, the issue of cash bail reform in California remains a pressing concern. Several court decisions and pilot programs have already reshaped how judges handle pretrial release.
Recent rulings from the California Supreme Court have stated that holding someone in jail solely because they cannot afford bail is unconstitutional. This has led many counties, including San Diego County, to reassess how bail amounts are set and to consider release options based on a person’s financial situation and individual risk.
Some jurisdictions now use limited algorithm-based tools or judicial guidelines to recommend pretrial release, but these programs vary widely across the state. The ongoing goal is to ensure that pretrial detention decisions are based on fairness and safety rather than financial status.
How Griffin Law Office, APC, Helps Clients Facing Bail or Pretrial Detention
If you or a loved one has been arrested in San Diego, the question of bail can determine how quickly you can return home to your family and prepare your defense. At Griffin Law Office, APC, we work closely with clients and their families to achieve the best possible outcome.
Our legal team can:
- Request a bail reduction hearing to argue for a lower or fairer bail amount.
- Advocate for release on your own recognizance (O.R.), meaning no bail payment is required.
- Review whether your constitutional rights were violated in the bail process.
- Challenge excessive or unfair bail determinations.
- Provide strong legal representation from arraignment through trial.
We believe that no one should be incarcerated solely because they cannot afford to pay for their freedom. Our defense approach combines knowledge of local courts with a deep understanding of California’s evolving bail laws.
Contact Our San Diego Criminal Defense Attorney Today
California continues to operate under a cash bail system, but the conversation around reform is far from over. Whether lawmakers eventually adopt new policies or retain the existing structure, defendants still need an experienced advocate to fight for their rights and freedom.
If you or someone you love is facing arrest or detention in San Diego County, contact Griffin Law Office, APC today. Call 619-269-2131 or visit us online to schedule a confidential consultation. Our San Diego criminal defense attorney will review your case, explain your options, and fight to help you secure release and defend your future.
