California Supreme Court Limits Pretrial Detention to Violent Crimes

The California Supreme Court ruled on April 30 that bail must be attainable for most defendants and that only those accused of violent crimes may be held in jail pending trial. San Francisco District Attorney Brooke Jenkins said the decision will make it difficult to detain repeat offenders charged with drug dealing, retail theft, and auto burglary.

The ruling came in the case of Gerald John Kowalczyk, a Bay Area man with 60 prior convictions who used a stolen credit card to buy a $7 cheeseburger. A lower court had set his bail at $75,000 and later revoked it after finding he posed a high risk of reoffending.

Kowalczyk’s attorneys argued the detention was unconstitutional because he had not been convicted and could not afford bail. Civil rights advocates said courts cannot punish defendants for being poor.

Jenkins said only people accused of violent crimes such as murder or assault involving bodily harm can now be held without attainable bail. " — San Francisco District Attorney Brooke Jenkins, interview with The California Post She added that defense attorneys immediately cited the ruling to seek the release of more than 90 offenders held for drug dealing and theft.

Francisco police data shows burglaries fell 26 percent, robberies fell 23 percent, larceny theft fell 22 percent, and motor vehicle theft fell 44 percent between 2024 and 2025. Jenkins said swift detention had been a key deterrent and that the new precedent removes that tool for non-violent repeat offenders.

One woman released after the ruling had been arrested repeatedly following a 2023 crime spree that included robbery with scissors and a hammer attack. She was placed on an electronic monitor.