Santa Clara: Went From No Bail to Getting Free
TODAY IN SANTA CLARA COUNTY COURT // After a strange set of multiple gang enhancement charges attached to auto burglary allegations, the defendant went from being set at No Bail to getting free! The prosecutor attempted to capitalize from the defendant's alleged youthful online behavior, stating he brags about his "bipping", allegedly a slang term for auto burglary. With family and De-Bug presence and getting the defendant accepted in a job training program, the court considered the defendant's ability to pay and reduced from no bail to 5K along with conditions. Still though, the conditions were a bit excessive including a GPS ankle monitor and search of person, vehicle, home, social media and electronic devices. To add, the prosecutor felt necessary to mention that Oakland PD will be monitoring the defendant's activity and association with gang members and will notify Pretrial for any violations of supervised release. Never the less, the defendant was set free with his mother thanking the judge while sitting in the pews.
What the Court Players said broken-down:
Pretrial: Recommended defendant must report to Pretrial Services on Monday. They recommended defendant to have GPS monitoring, no weapons or ammunition, no association with gang members, Oakland Law Enforcement to monitor and notify Pretrial if needed, must pay $5000 bail, and allowed search of social media, all electronic devices, vehicle and home. They recommended defendant must turn in all social media handles and passwords.
Defense: Utilized a job program resource gathered from De-Bug and used as an exhibit to show he was accepted in the program. Informed the court the defendant has no income, the defendant's mother is present and has strong family and community ties. Defense argued he scored great on Pretrial assessment. Argued the defendant does have a right to bail and has no flight concerns or missed court dates. Argued for affordable bail or S.O.R.P. and search supervision. The defense argued for the court to hear from the defendant's mother and stated that these charges are not in the realm of a felony.
DA: the prosecutor argued that according to the info on the police report, the defendant has a history of auto burglary. The prosecution stated the defendant uses a word "bipping" slang term for auto burglary. Referenced various online posts on social media of defendant. The prosecutor added he does not believe he does not have any money or unemployed if according to the defendant, "bipping" is his job. Prosecutor alleged gang allegations attached to the charge and stated there is many victims. The prosecutor also mentioned he was transported from Alameda for auto burglary.
Judge's Comments: The judge considered defendant's age, family and community support. The court has also recognized the defendant flaunting a firearm and committing community crimes. The court has reviewed his "ability to pay" and will consider a combination of bail and S.O.R.P. The court will set bail at $5000 with conditions. Conditions are GPS, no weapons or ammunition, is not to associate with gang members, officers in Oakland will be monitoring him and will notify pretrial if need be, search of vehicle, home, social media and electronic devices or will be remanded back in jail with no bail.