THE KOWALCZYK DECISION
On April 30th, 2026, the California Supreme Court ruled on a case called In re Kowalczyk. Mr. Kowalcyzk, who was unhoused, used a credit card he found on the floor to buy a cheeseburger at Five Guys in San Mateo County. He was charged with felony identity theft, then jailed on $75,000 money bail. When he challenged his detention under Humphrey, the court responded by detaining him without bail.
In this historic California Supreme Court decision, the judges unanimously held that jailing a person simply because they can’t pay the bail amount is unconstitutional. They went on to affirm that the courts
cannot pretrial detain anyone charged with a misdemeanor or non-violent or sexual offense. On top of that limitation, even those who are “charge eligible” still would not be detained unless the court finds strong evidence of guilt after a robust hearing and that the person is deemed a danger without any less restrictive alternatives that would mitigate the court’s concerns.
This means an urgent and profound change in who is, and is not, in the county jails in California. It means there are thousands of community members who could be freed now, and moving forward, thousands more should not have to go into jail.
RESOURCES ON THE KOWALCZYK DECISION
Check out these resources from our partners at Civil Rights Corps.
Resources for Defense Attorneys (Courtesy of Civil Rights Corps)
If your loved one is in the county jail, talk to your loved one's attorney about filing one of these motions or writs to get them released. For further support, seek out a California Participatory Defense hub near you or email info@siliconvalleydebug.org