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28

Bail & pretrial abuse

Pretrial status should not become punishment before conviction

Pretrial systems can cause harm through unaffordable money bail, detention without individualized findings, excessive conditions, unreliable risk tools, delayed hearings, or pressure to plead guilty simply to regain freedom. Public safety and court appearance concerns should be evaluated through lawful, individualized procedures.

What failure can look like

  • Release determined mainly by ability to pay rather than an individualized assessment
  • Conditions unrelated or disproportionate to an identified risk, including costly monitoring or restrictive supervision
  • Prolonged detention, delayed review, or plea pressure that exceeds the likely sentence

Protect the record

Preserve the charging record, financial affidavit, risk assessment, bail hearing transcript, findings, release conditions, monitoring fees, detention dates, review requests, and comparable outcomes. Ask qualified defense counsel promptly about reconsideration, appeal, or emergency review.