James Reichenberg, 31, Minot, unable to afford the bond set by a judge, has spent 12 days in the Ward County Jail on charges that his defense lawyer, Timothy Wilhelm, said are based on extremely weak evidence.

Reichenberg is charged with Class C felony possession of drug paraphernalia, carrying a concealed weapon, a Class A misdemeanor, possession of drug paraphernalia, a Class B misdemeanor, and a fourth offense within five years of driving under suspension, a Class A misdemeanor.

Wilhelm said Wednesday the probable cause affidavit suggests that Reichenberg was driving a borrowed car and the drugs and drug paraphernalia were hidden in places that he would not have known about or looked before he got into the car. The “weapon” the arresting officer described as a “billy club” in the affidavit was actually an object used to check tire pressure and it was not hidden, said Wilhelm.

Reichenberg was also being held on a petition to revoke his probation in a possession of a controlled substance case. His lawyer in that case, Raissa Carpenter, said the public defenders office plans to file a motion to dismiss the petition to revoke probation. She said Reichenberg originally pleaded guilty to the charge because he couldn’t afford bond. There were no conditions set on his probation, said Carpenter, and Reichenberg actually has been doing more than was required.

Wilhelm noted that California just became the first state to eliminate bail for suspects awaiting trial, reforming a system that criminalizes poverty and keeps suspects in jail if they can’t afford to pay bond to get out. While that doesn’t set precedent in North Dakota, Wilhelm said he believes it is interesting and thought it correlates with one of North Dakota’s rules for setting bond. California will replace its system with one that will require judges to assess a risk that might be posed by a defendant before releasing him pending trial.

Judge Richard Hagar said at the bond hearing Wednesday he appreciated Wilhelm’s argument and thinks it might also be a good way to reform North Dakota’s bail bond system. Hagar said he does have one caveat. He said it sounds like California’s system would not allow for second or third or fourth chances like North Dakota’s system does when a defendant fails to show up for court or follow bond conditions. Once they failed to follow the rules, they might end up back in jail before trial.

Hagar lowered bond for Reichenberg to 10 percent of $3,000.

Prosecutors said they had no objection to lowering the