STOCKTON (CBS13) — Former Stockton Mayor Anthony Silva has been behind bars for more than a week now, but his attorney says that will change Tuesday.
A San Joaquin County judge ordered Silva’s bail to be reduced Monday morning in court.
The judge also placed several restrictions on Silva when he posts bail, which could be as early as Tuesday.
“We have been looking forward to getting Anthony out of custody, we think he belongs out of custody so he can assist in the defense,” said Allen Sawyer, who is representing Anthony Silva.
Sawyer says he’s been pushing to have Silva’s bail reduced since his arraignment in the beginning of March.
“It’s clear he willingly came back knowing he was going to be arrested, and he wants his day in court,” Sawyer said.
Silva was on vacation in Colombia when authorities raided his home and the Stockton Kid’s Club, where he serves as CEO.
The San Joaquin County District Attorney’s Office is charging the ex-mayor with six felony counts relating to money laundering and embezzling from the Stockton Kids Club.
“These counts are actually stacked, it’s a legal term which means repetitive,” Sawyer said.
That was Sawyer’s argument Monday in court, and the judge agreed, reducing Silva’s bail.
“The judge was being reasonable in his actions,” added Sawyer.
The DA’s Office wants Silva to stay behind bars. The District Attorney responded to the judge’s decision Monday, arguing Silva is a flight risk. The DA says Silva obtained his passport the day before his arrest warrant was issued and because of that, Silva’s trip is considered suspicious.
The DA also argues Silva is a danger to the community and could destroy evidence or engage in witness tampering.
“Anthony is not a flight risk, he did not flee prosecution, contrary to what the District Attorney’s Office says,” Sawyer said.
Sawyer says the former mayor is working on getting bail money and will be released sometime Tuesday.
“As the dust settles, people are going to come to the conclusion that Mr. Silva did nothing wrong.”
The judge is placing restrictions on Silva when he posts bail: He cannot have contact with Stockton Kids Club or any of its board members; Silva’s passport will not be returned until further notice; Silva will wear a GPS monitoring device.
Silva will return to court on April 18 to set a date for his trial.