Attorneys defending Occupy L.A. protesters arrested in this morning's eviction outside City Hall say the LAPD is not playing fair in dealing with their bail amounts. Many remained behind bars and could stay there through Friday morning.
... The bail schedule for applicable misdemeanor violations is set by the Los Angeles County Superior Court Judicial Council. Specifically, a charge of failing to disperse (Penal Code 409) carries a minimum bail of $5,000.00 and a charge of resisting arrest (PC 148) carries a minimum bail of $10,000.00. In order to post bail, a charged defendant must pay at least 10% of that amount in cash ($500.00 or $1,000, respectively). This the standard minimum bail for all persons arrested under such charges.
In arresting a person for a misdemeanor violation, the law enforcement agency, such as LAPD, can exercise its discretion, with some limitations, under applicable law whether to, among other things; 1) detain and release the arrestee in the field with a citation; 2) detain, book (i.e., fingerprint and photograph) and release the arrestee with a notice to appear; or 3) detain, book and recommend bail for the arrestee - all depending upon any mitigating and aggravating factors involved