Suspected drunk driver out on bail

According to defense attorneys, however, bail is set every year by a bail schedule. It all depends on what charges the person is booked on, not the public or even a police officer's opinion.

Balloons and candles mark the site in south Bakersfield where police say a drunk driver hit and killed 25-year-old Vanessa Carrillo and her unborn child early last Friday.

On Facebook there are expressions of outrage that the man accused of killing Carrillo is out on bail.

Yady de Anda writes: "This is Not right why they let him fee."

Amy Diener writes: "There should have been no bail for this stupid person!"

But according to defense attorney David Torres, bail isn't based on opinion.

"The Sheriff's Department does not have someone out there just willy nilly selecting numbers. There has to be some type of uniformity to the type of charge," said Torres.

That uniformity is the bail schedule that assigns a specific dollar amount to each charge.

Joseph Maine was booked on charges of felony DUI Alcohol/Drugs Causing Bodily Injury, felony DUI .08 Alcohol with Bodily Injury, misdemeanor Vehicle Manslaughter without Gross Negligence, setting bail at $95,000.

But, Torres said the amount could go up if the charges change.

"Once those charges are actually reviewed and filed by the district attorneys that's when the bail may increase," said Torres.

But that hasn't happened for Maine yet, allowing him to pay ten percent to get out at 10 p.m. on Friday, according to the Downtown Jail. 

17 News went to Maine's home for comment Monday but the door was slammed in our face.

"You know public sentiment is important, and it's very important for the public to see what's happening to try to stop DUI's, but the laws are written for society," said Torres.

17 News spoke with Carrillo's family Monday, but they did not want to comment before consulting with an attorney. 

Maine is scheduled to appear in court Wednesday.