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A Statewide Conversation on Pretrial Liberty
When California’s most influential legal publication examines the future of bail and pretrial detention, the conversation matters far beyond any single courtroom. A recent Daily Journal article places long-standing constitutional principles back at the center of that debate – principles that have shaped California law since statehood and continue to affect real people facing criminal charges today.
That article, “Bail realities and policy fictions: The truth about affordable bail,” was co-authored by Eric H. Schweitzer of Schweitzer & Davidian and Rick Horowitz and published in the Daily Journal on January 6, 2026. It offers a clear-eyed analysis of why California’s bail crisis is not the product of modern reform, but of decades-long resistance to constitutional mandates already on the books.
Daily Journal Recognition & Professional Distinction
The Daily Journal feature underscores Mr. Schweitzer’s role as a statewide voice on constitutional criminal defense issues. With more than two decades of courtroom experience, his analysis reflects not theory, but daily practice across California trial courts.
Leading into the article’s central themes, several points stand out:
- Constitutional Bail Is Not a New Law. The article explains that California’s Constitution has guaranteed a presumptive right to bail since 1849, making liberty the rule and detention the exception.
- Money Bail Distorts Justice. The authors detail how unaffordable bail functions as wealth-based detention, incarcerating people not because of proven risk, but because of financial limitation.
- Due Process Is Not Optional. The piece rejects the idea that court congestion or cost excuses constitutional noncompliance, emphasizing that individualized hearings are a requirement, not a luxury.
- Recent Case Law Enforces Existing Duties. Decisions such as In re Humphrey, In re Harris, and Nunez-Dosangos are framed as enforcement mechanisms, not radical departures from settled law.
Throughout the article, the focus remains on constitutional structure, evidentiary burdens, and the practical consequences of ignoring them. particularly the coercive pressure pretrial detention places on accused individuals.
Experience That Shapes the Analysis
Eric H. Schweitzer brings significant professional depth to this discussion. He has practiced criminal defense since 1995, representing clients throughout California in both state and federal courts.
As a past president of California Attorneys for Criminal Justice and a partner at Schweitzer & Davidian APC, he regularly handles complex bail litigation, habeas proceedings, and constitutional challenges.
That experience informs the article’s grounded perspective, including:
- Real-World Courtroom Impact. The piece describes how routine detention impairs defense preparation, from restricted access to evidence to increased plea pressure.
- Public Safety Without Pretext. The article challenges the assumption that high bail enhances safety, noting that it measures wealth rather than risk.
- Habeas Corpus as a Safeguard. The continued necessity of habeas petitions is presented as evidence of institutional resistance, not legal ambiguity.
The Daily Journal’s decision to publish this analysis reflects its relevance to judges, prosecutors, defense attorneys, and policymakers navigating the realities of pretrial justice.
Criminal Defense Advocacy Rooted in Constitutional Law
At Schweitzer & Davidian, constitutional principles are not academic abstractions; they guide everyday defense strategy. From bail hearings and habeas petitions to trial and post-conviction advocacy, our firm focuses on enforcing the rights that protect liberty before guilt is proven.
If you or a loved one is facing criminal charges and questions surrounding bail, pretrial detention, or constitutional rights, experienced guidance matters. Reach out to our team immediately.
Contact Schweitzer & Davidian to discuss your case by calling (559) 206-2322 or by reaching out through our online contact form.