California Prosecutors Are Using Loopholes To Keep People In Jail During COVID-19

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California Prosecutors Are Using Loopholes To Keep People In Jail During COVID-19
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District attorneys are charging grocery theft as looting and arguing for higher bail in cases that are supposed to have $0 bail amid the pandemic.

from a Save Mart without paying was charged with felony looting. Prosecutors later agreed to drop the charge to misdemeanor looting, which qualifies for zero bail. But by that point, the woman had already spent several days in jail, where she was at increased risk of contracting COVID-19.

If law enforcement officials are jailing people accused of theft, Haile said, they are doing so in accordance with guidance provided by the district attorney. Fladager’s office did not respond to a request for comment.includes a section titled “Mandatory application,” to address the threat of the coronavirus to individuals being held in local jails, including putting policies in place that promote the release of individuals arrested for low-level, non-violent crimes who normally would have been released if the court was open or can’t afford to post bail,” Tanya Sierra, a spokeswoman for the DA’s office, wrote in an email on Tuesday. “The jail population on any given day in San Diego County is generally close to 5,500. Today it’s about 3,750,” Sierra added.

Invoking public safety to deny bail is a somewhat rare tactic usually reserved for serious violent offenses. But some prosecutors are now using it as a work-around to the pandemic policy.

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