OP-ED: Guilty before conviction — pretrial probation

With surety bail, the right that is protected is essentially the right to post a surety bond and remain at liberty with the presumption of innocence pending a trial on criminal charges. If the government can set conditions on the bail other than the amount, then we really aren’t talking about a “right” or “liberty” anymore, we are talking about obtaining government permission to remain at liberty. San Mateo County’s pretrial services forces individuals to enroll in the county’s probation system prior to trial and conviction.

A recent San Mateo County Civil Grand Jury report on this matter also appears to rely heavily on “social justice” abstractions that have little or nothing to with surety bail, pre-trial release or ensuring court appearances. The concept that the poorest members of our society who cannot afford their constitutional right to surety bail should be forced to give up their civil liberties and participate is a government monitoring social experiment that impedes on their personal right to privacy is wrong. This concept is being sold as helpful to those who can’t afford bail, however, lawmakers fail to disclose that the daily rate or a portion there of, for monitoring is often passed on to the individual. In many cases, this daily fee exceeds the cost of the average bail bond which in the end makes it the more expensive alternative.

It is important to understand that individual’s have a right to a speedy trial — not the right to speedy bail. If the County of San Mateo believes that surety bail should be abolished or diminished, then the only legal way accomplish that is to seek a constitutional amendment.

Pro Publica recently released a new study which found that black defendants were far more likely than white defendants to be incorrectly judged to be at a higher risk of recidivism, while white defendants were more likely than black defendants to be incorrectly flagged as low risk. In the end, this report suggests we take the poorest members of our society, strip away their rights and their liberties, and force them into a social experiment of monitored government control. Former U.S. Attorney General Eric Holder was quoted in response to using pretrial monitoring tools: “although these measures were crafted with the best of intentions, I am concerned that they inadvertently undermine our efforts to ensure individualized and equal justice,” he said, adding, “they may exacerbate unwarranted and unjust disparities that are already far too common in our criminal justice system and in our society.”

In short — this is not criminal justice reform — this is circumventing the Constitution and impeding upon our civil rights.

Corrin Rankin is a former candidate for Redwood City Council, community activist, licensed bail agent and the owner of Out Now Bail Bonds. She is a mother of three and has spent the last 15 years dedicated to ensuring justice on behalf of her clients, victims and the public.