May 14, 2015

Benjamin Carter's bail reduction hearing doesn't go his way, he does not accept People's offer yet

Today, there was a special set at 3:30 p.m. in Courtroom 1 with an intervention and bail/OR hearing in the Benjamin Carter case.

Here is what happened per DDA Andrew Issac who is prosecuting the case.

In light of the dismissal of the homicide charge pursuant to his 995 motion, Mr. Acosta requested bail be reduced from $1,250,000.00 to $100,000.00  in accordance with the bail schedule, which suggests but does not mandate  $50K for a violation of Penal Code §29800 (felon in possession of a firearm) and $50K for a strike.

The DA’s office objected to setting bail per the schedule,   and referred to Penal Code §1275 and the factors recited in, including public safety and the defendant’s criminal record.

Judge Feeney set bail at $250,000.00, &150,000.00 over the baseline bail schedule, citing    Mr. Carter’s criminal record and the fact that after the events in question Mr. Carter  fled the county and was apprehended in Arizona.

The Court inquired regarding a potential resolution. The District Attorney’s position as to the gun charge has never changed. Mr. Carter may plead as charged to the gun charge and admit the strike, or go to trial. The District Attorney has not offered Mr. Carter, and will not offer Mr. Carter, any plea bargain.

Mr. Acosta requested the case go over one day.

The case is on for a disposition/resetting hearing tomorrow (Friday) at 10 am.

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