Pretrial release allows you, the defendant, to be released from custody before your trial with or without bail, de[ending on the court discretion and the case. Instead, you guarantee to attend all your scheduled court dates and obey imposed conditions, including travel restrictions, check-ins, or electronic monitoring. The objective is to balance your freedom with public safety and ensure you return for your trial. In the complicated field of the criminal legal process, pretrial’s function is to ensure that bail processes are constitutional and reasonable. Pretrial services support the legal process by providing courts with essential information about defendants, enabling them to make better decisions relating to pretrial release and bail.
Pretrial release seeks to protect public safety while upholding a defendant’s rights. The balance is attained by evaluating whether you, the suspect, might not appear at your trial hearing or are a threat to the general public if released. Therefore, pretrial services officials help courts decide whether to release you on bail with specific terms or if remaining detained is appropriate.
What is Bail?
Bail is an amount deposited with the court to ensure that you, the suspect, will attend your court dates. If you attend every scheduled court appearance, the court will refund the money to the person who posted the bail. If you fail to show up, the judge will forfeit the bail money and issue a warrant for your rearrest.
An Overview of How Pretrial Release Works
Pretrial services involve the following:
Investigations Phase
The court will decide whether to release you or hold you in custody awaiting trial. Judges must balance your entitlement to freedom and presumed innocence per the U.S. Constitution with protecting society.
To help the judge in their decision, the pretrial release official performs investigations to collect and verify the defendant’s:
- Family ties
- Residence
- Health
- Criminal record
- Employment history
- Financial resources
- Substance abuse issues
Additionally, the official can work with your defense lawyer and the assistant United States attorney to establish a reasonable release plan. During this early stage, a suspect is considered innocent.
Pretrial officers do not do any of the following:
- Address the alleged offense
- Address the suspect’s innocence or guilt
- Offer legal advice
- Suggest a lawyer
Pretrial Risk Assessment (PTRA)
The PTRA is a data device that measures a suspect’s chances of missing court hearings, rearrests for another offense, or breaching court-imposed terms of release. The PTRA incorporates data from previous cases and uses algorithms to anticipate the level of risk using factors that include the following:
- Employment
- Education
- Criminal history
- Citizenship status
- Residential ownership
- Substance abuse history
Pretrial officials use the PTRA and their judgment to make informed suggestions to judges regarding detention or release, including supervision strategies.
Making a Report
The pretrial official summarizes details collected during the investigation phase in a report that the court depends on to make an informed release ruling. The report handles the suspect’s possibility of rehabilitation upon pretrial release and whether the defendant can be released on bail or remain in custody. The official can also suggest that the judge impose specific terms designed for the defendant, the alleged crime, and the criminal case facts.
If the court deems you a threat to society or a flight risk, pretrial services can recommend remaining in police custody. Nevertheless, if the risks are manageable, the officials can propose pretrial release with specific terms that mitigate the risks.
In other words, the role of pretrial in bail outlines key principles of the California judicial process: balancing the security and safety of society with the defendant’s rights. The balance maintains trust in the criminal judicial process and ensures that the relevant authorities serve justice equitably and fairly.
Supervision Phase
While awaiting trial, the judge can release you on your own recognizance. If the judge authorizes pretrial officials to supervise you while awaiting trial, the officials should ensure you adhere to the terms the court imposed. They can keep in contact with you through different methods like physical meetings, phone calls, and video conferences. During your supervision, a pretrial official can also contact your loved ones, employers, or health care providers. The court can also recommend further services, like substance disorder or mental health treatment programs, as a condition of your release.
Different Pretrial Release Options
Pretrial release can occur as follows:
Unsupervised Release
When a defendant is released from detention without supervision, they guarantee to attend all scheduled court proceedings and obey the conditions set by the court. Judges grant unsupervised release to defendants who are considered low-risk. Typical unsupervised release terms include the following:
- Appearing for all court dates
- Following all court orders
- Waiving extradition once you skip court and get rearrested outside of California
- Remaining within California unless the court allows a defendant to go elsewhere
The judge can grant unsupervised release with or without bail.
Pretrial Supervision (Supervised Release)
If the judge considers a defendant a medium risk, they can order pretrial supervision with or without bail. The release involves additional terms and conditions, including the following:
- Random alcohol and drug testing
- Undergoing rehabilitation, including anger management and drug treatment.
- Regularly checking in with a pretrial services authority or probation officer
- Refraining from communicating with particular people or frequenting certain areas
- Electronic monitoring, like SCRAM alcohol-detection bracelets or GPS ankle bracelets
The judge can impose less restrictive terms relevant to reasonably guarantee the defendant’s return to court and public safety.
Pretrial Detention
If the judge considers you a high risk of endangering other people or not attending court, the judge can order you to stay in custody awaiting the outcome of your case.
If the judge sets cash bail, they must evaluate a defendant’s capability to pay and the availability of less limiting alternatives.
For some serious crimes, the judge can order preventive custody without bail if compelling proof that no release terms and conditions will promote public safety exists.
How Pretrial Services Ensures Bail Practices
The role of pretrial in bail is to uphold proper bail practices. The services make sure that the legal rights of suspects are safeguarded while preserving the judicial system’s integrity. Thanks to legal principles like equal protection and due process, pretrial services help make the legal system just and fair.
The United States Constitution emphasizes the need for bail practices to adhere to equality and fairness. Pretrial services maintain these legal principles by offering courts thorough information regarding defendants. The information enables judges to make informed rulings about bail. It ensures suspects are not subjected to harsh bail amounts or unfairly detained.
Equal protection and due process are essential principles that govern how pretrial services work. Due process requires that a suspect have a just trial and that their entitlements are safeguarded during the procedure. In contrast, equal protection guarantees that every person is treated equally, no matter their circumstances or background.
By following these constitutional principles, pretrial release can prevent discriminatory or arbitrary bail practices. It ensures that judges make rulings using objective criteria, like a threat to public safety or flight risk, instead of subjective factors that may result in unequal treatment. The approach promotes fairness while enhancing public trust in the California legal system.
Additionally, pretrial services promote legal bail practices by lobbying for the utilization of non-monetary terms of release. The approach addresses economic imbalances in the California bail system, where people with minimal resources or funds cannot afford bail, resulting in them remaining in police custody. By suggesting alternative terms, including check-ins or electronic monitoring, pretrial services ensure that a suspect’s financial standing does not influence bail decisions.
The Relationship Between Bail Reforms and Pretrial Services
Recently, there has been bail reform with far-reaching implications for pretrial services. The bail reforms seek to address the inefficiencies and disparities within the California bail system, moving towards more just and equitable practices. Pretrial services have been adapting to the changes, making sure that their procedures align with societal expectations and current judicial standards.
A notable bail reform was Senate Bill 10, which aimed to eliminate cash bail payments, which impact individuals with minimal funds. However, SB 10 was put on hold after the bail industry challenged it and was later overturned by voters in 2020 and never became effective. Judges were required to use risk assessment tools when making pretrial release decisions. By advocating for non-monetary release conditions, pretrial services promote equality and fairness within the California justice processes and bail system. These terms and conditions may include counseling, community service, or rehabilitative measures that tackle the cause of criminal conduct. Proponents argued Senate Bill 10 would lower jail populations and promote court appearances and public safety, while critics were concerned about the bill’s effect on racial inequities and crime.
Monitoring and Adherence During the Pretrial Release as a Role of Pretrial in Bail
In the bail process, striking a balance between the accused person’s freedom and public safety is fundamental. Pretrial services ensure the defendant abides by the terms and conditions set by the court and prevent bail revocation. It involves a thorough approach to monitoring and adherence, using numerous techniques and tools to uphold the judicial process’ integrity. Ranging from constant personal interactions to technological solutions, these techniques and tools include the following:
- Electronic monitoring — It entails using GPS devices or ankle bracelets to monitor a suspect’s movements. The devices offer real-time data on your location, ensuring you remain within the court’s designated boundaries. Electronic monitoring is often used for higher-risk individuals to ensure compliance with release terms.
- Regular check-ins — You should report regularly to your pretrial services officials. The check-ins aim to ensure you comply with your bail terms and allow the officials to assess changes in your circumstances.
- Substance abuse and alcohol testing — You are more likely to be a subject of substance abuse testing if you have a history of alcohol and substance abuse. It ensures you comply with your release conditions and remain sober.
- Counseling—Sometimes, the court can require you to undergo counseling as one of your bail conditions. It can include relevant rehabilitation programs like substance abuse treatment and anger management.
The effectiveness of the monitoring techniques contributes to the success of pretrial release. They mitigate risks related to non-compliance, like reoffending or flight risk, protecting public safety. Another role of pretrial in bail is offering the court reliable mechanisms that enforce bail terms without incarceration, which is expensive and disrupts the defendant’s life.
Pretrial Release Comes with Court Date Reminders
One of the pretrial services is court hearing reminders. Courts send the reminders via text messages, phone calls, or emails. The aim is to facilitate the role of pre-trial bail, ensuring the defendant’s appearance in court, and preventing unnecessary detention.
When you skip a scheduled court hearing while on bail, you will face failure to appear (FTA) criminal charges on top of the underlying charge, depending on case facts. You will face a misdemeanor FTA charge if the primary charge was a misdemeanor, and a felony FTA charge if the underlying charge was a felony.
Moreover, the judge could do any of the following:
- Order the forfeiture of any collateral or money you used to secure your release
- Order your arrest warrant
- Revoke your pretrial release
- Set a higher bail amount or impose additional release conditions
Find a Seasoned Bondsman Near Me
Pretrial services play a significant role in determining your eligibility for release. The officers review your background and prepare a pretrial release report with details about your criminal record, family ties, and employment ties, which they present to the court. The role of pretrial in bail also involves assisting the court in assessing whether you are likely to flee California or pose a threat to public safety. If the judge decides to release you, a pretrial services official will continue supervising you to ensure you follow your release conditions.
At Balboa Bail Bonds, we understand how frustrating it can be to be detained. We can guide you through the complicated bail process and advocate for your pretrial release. We can also work aggressively to ensure you receive fair treatment during all stages of the criminal judicial process. Please contact us at 619-760-2222 to schedule your free, initial consultation.
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