Pretrial Detainees

Natasha A. Frost

Defendants arrested and charged with a felony criminal offense face one of two pretrial dispositions: they are released (on their own recognizance, conditionally, or on bail or bond) or they are remanded to custody. The pretrial disposition decision usually occurs during the preliminary hearing, generally within 48 hours of arrest. The type and seriousness of the offense and the defendant's employment status, prior record, and ties to the community are all considered relevant in the pretrial release determination. While there is a presumption in favor of release, more than one-third of all state felony defendants are detained because they are either unable to post bail (29%) or are denied bail (7%). Across all offenses, federal felony defendants are more likely to face pretrial detention than are state felony defendants. Approximately two-thirds of all state felony defendants are released before trial, and the remaining one-third are detained usually because they are ...

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