February 1981 - San Francisco Police Officers Association

OWN RECOGNIZANCE ZDt2°ttorney.SAN FRANCISCO POLICEMAN Page 9 February 1981his month's article will discuss the important area felony offense and a peace officer has reasonable cause The O.R. project assists the court in deciding on howof bail and release of an accused on his own to believe that the amount of bail set forth in the much bail to set or on releasing an accused on hisrecognizance (O.R.). As the arresting officer, or one in- schedule of bail for that offense is insufficient to assure guarantee to appear, i.e. on his O.R. The O.R. projectterested in securing the presence of the accused at later defendant's appearance, the peace officer shall prepare maintains regular office hours at the Hall of Justice butcourt hearings, you do have input into considerations of a declaration under penalty of perjury setting forth the often has someone on duty in the county jail or city0.R. and the amount of bail to be set In S F facts and circumstances in support of his belief and file prison on weekends or nights The 0.R. project peopleMunicipal Court, judges generally set the bail in all it with a magistrate, as defined in Section 808, in the will include in their "workup" to the court anyfelony and misdemeanor matters. All accused, except county in which the offense is alleged to have been corn- statements or information you possess relating to the-those facing capital offenses, have a right to bail. mitted or having jurisdiction of the person of defen- defendant's likelihood of appearing in court. You- In S F there is a uniform countywide schedule of dant or a commissioner of such magistrate,,requesting should be able to locate a representative of the 0.R,bail which has been set in accordance with Sections an order setting a higher bail." project either at their office or at City Prison or County12696(c) and (d) of the California Penal Code. Bail willJail. Simply identify yourselfas a police officer and askbe set by the amount indicated in the warrant, if a war- If you believe that the person just arrested will flee them to include under "comments" section of theirrant has been issued by the judge before whom the ac- the jurisdiction f the court and therefore wish to have a "workup" information including the defendant's priorcused first appears, or by the scheduled bail. higher bail set than that reflected in the scheduled bail, record, lack of ties with the community, prior failure toyou should contact the Municipal Court Clerk Criminal appear, and any other information relevant to the set-In setting bail the judge will be guided by the Division, Room 201, 850 Bryant Street The office is ting of bail.seriousness of the offense and the "flight risk" open 24 hours a day, 7 days a week. You can requestpresented by the accused. Case law demands that the that the oncall judge contact you and make arcourtconsider the likelihood or lack thereof of the ac- rangements for filing with him or her your declaration A simple understanding of bail and O.R. and how itcused appearing for subsequent court proceedings; case in support for higher bail. The declaration need only be operates will greatly increase your ability to assume thelaw prevents the judge from denying bail solely because a simple statement of facts by you, including heresay presence of the accused at subsequent court pro:the accused presents a danger to society. statements, as to why you feel bail should be set at a ceedings. Sections 1268 through 1275 of the CaliforniaUnder 1269c of the California Penal Code, a Peace higher amount than that reflected in the schedule. Said Penal Code provide additional information regardingOfficer may request an order setting a higher bail. See- statement must be signed under penalty of perjury and bail. Sections 1318 through 1320 of the Californiation 1269c provides in part: "In any case in which a• should always include information demonstrating that Penal Code provide relevant statutes relating to releasedefendant is arrested without a warrant for a bailable the defendant is a "flight risk on Own RecognizanceBrewer Wins Grievance at CommissionPaul ChignefiSl1L0-ILtLL ifPREMIUM QUALITY MEATS$ SINCE 1888n Wednesday February 4 1981 Sgt Donald Memorandum of Understanding stated quite clearlyBrewer won his grievance challenging certain personnel that no adverse comment(s) could be placed in an ofactions of the San Francisco Police Department. ficer's personnel folder without the officer first having S U t t e r 1-2916The Police Commission voted 5-0 to overturn the read and signed the instrument. In this case, the officerdecision of the Chief concerning a derogatory letter that had never seen the letter until he checked his folder.was enclosed on the Sergeant's personnel folder. The Chief of Police refused to remove the memoran-757 BRYANTdurn from Brewer's file, therefore the grievance was ap-SAN FRANCISCO, CA 94107 -Brewer had found a memorandum dated July 30 pealed to the Police Commission The Commission1975, that was highly critical of the sergeant. The agreed with the Association's position and directed thatPolice Department could not substantiate the adverse the memorandum be removed from Brewer s filecomments in the memorandum Accordingly, the The membership should be advised that poor personsergeant filed a grievance alleging that the comments nel practices can The remedied through the Grievancecould not be substantiated and further that the Procedure..681-1330MAR VISTAPHARMACY3035 TARAVAL STREETDavid Zisko BETWEEN 40TH & 41STPharmacist-Owner SAN FRANCISCO 94116MOiESIO EKORI'sSeasons Greetings to the ITALIAN CUISINES.F. 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