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Name: In re Carillo
Case #: B247837
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 09/10/2013

Trial court may not increase bail from $90,000 to $1 million based solely on confidential information provided by the prosecution without independently analyzing its reliability, and without disclosing the essence of the information to the defendant. Carillo was charged with assault with a deadly weapon with allegations that the offense was committed to benefit a street gang. The trial court released him on $90,000 bail. Shortly before a pretrial conference, the prosecutor requested an ex parte in camera hearing, at which the trial court raised Carillo’s bail to $1 million, in the absence of Carillo or his counsel. Carillo was rearrested. In this habeas corpus proceeding, Carillo argued that the increased bond was unlawful. The appellate court agreed, and reinstated the original bail amount. When the prosecution asks to increase a defendant’s bail based on information that it believes must be kept confidential, the trial court must disclose the gist of the information and carefully scrutinize its reliability. Here, the court did not perform its own analysis, but accepted the reliability of the information at face value. It also failed to provide Carillo with the gist of the prosecution’s information and failed to consider some manner in which Carillo could participate in the hearing while preserving the government’s need for confidentiality.