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California Supreme Court Ruling Exposes Unconstitutional Pretrial Detention

May 20, 2026

Pretrial release is the general practice, while detention before conviction is intended to be limited under the law. The Supreme Court has noted that monetary conditions of release must be set at a reasonable amount. A California bail case involving Gerald Kowalczyk examined the practice of setting bail beyond an individual’s ability to pay, resulting in the accused remaining incarcerated before trial.