Bail and pretrial incarceration

Great Debates
1

[QUOTE=Bail - Wikipedia]
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable.
[/QUOTE]

I have no direct experience with this topic, having never been arrested for my various crimes (I don’t think crimes against fashion get you arrested, but I’m admitting nothing here.) My understanding is that you may be allowed to go free prior to, and perhaps through, the trial, but bond may be set to make sure you show up.

If you can’t pay, then you can stay locked up while waiting. Who can’t afford to pay? Poor people. The result is lots of poor people sitting in jail. Many (how many?) of whom are eventually found not guilty or have their charges dropped. Meanwhile they’ve lost their jobs, been unable to support their families, and gone into debt. Keeping them in jail is expensive, and some people wait there for years.

What’s to be done?

Possibly nothing. We want people to show up for trial, and bounty hunter shows tell us that at least some folks try to skip town. How many? I have no idea.

But many think otherwise.
http://www.wsj.com/articles/new-york-chief-judge-announces-plan-to-change-bail-system-1443709665
NYC is giving judges broad leeway in lowering bail amounts. Apparently the judiciary can make some changes on its own, since nothing has come out of the legislature yet. Some NY state lawmakers have proposed eliminating bail in most cases: http://www.wsj.com/articles/n-y-lawmaker-proposes-eliminating-bail-1443662459

Judges could still keep you in jail, just as they can now. Otherwise, you’re released or placed in a supervised release program: http://www.wsj.com/articles/no-bail-programs-aim-to-relieve-jail-overcrowding-1436402595

Most states already have some sort of supervised release program. So we should have some data on their efficacy, but I haven’t seen anything.

Another issue is the long time it takes to go to trial. I don’t know what’s typical. The highlighted situations where people wait 2-3 years may have something strange going on.

It sounds like NY is moving in a good direction. Have I missed anything? Maybe some overlooked public safety concerns?

2

To compound the problem, some jurisdictions charge the accused a daily fee to be incarcerated. So by the time they do get out, they have a large debt they can’t pay either.

3

Some places use a third party (boss or family member) who promises the court they’ll watch over the defendant and make sure they come to court. Obviously for the less serious crimes, but it does include felonies. But, in general and like lots of things, it’s rougher if you’re poor.

4

If you can’t make bail, or get a personal bond, there’s approximately 0% chance you’re going to wait for trial, if it’s a misdemeanor. Going to trial might take several months, and there’s no way to know in advance, exactly how long it will be. Taking a plea bargain - which also means a conviction - will almost always get you out sooner. Often the same day.

The result is that people who can’t make bail almost always wind up with a conviction - and a worse outcome than if they’d been out of jail. That conviction will be with them always, and will limit their opportunities for the rest of their lives.

5

Aren’t those charges waived if the defendant isn’t convicted?

6

IME most people who don’t show up aren’t trying to skip town. They’re either too unstable to keep track of their court dates, or they just can’t be bothered.

7

Texas has Code of Criminal Procedure article 17.151, which says that, if someone’s in jail for a certain amount of time and the state isn’t ready to proceed to trial (meaning: has presented the case to the grand jury and gotten an indictment, at the very least), his bail must be lowered to an amount he can afford, or he must be turned loose on a personal recognizance bond. The time varies, from 90 days for felonies, to 30 days for Class A misdemeanors, all the way down to 5 days for fine-only offenses.

Note from the trenches: in court this morning, four people didn’t show up, out of around 30 who were scheduled. Three of them were on PR bonds.

8

This is true. But somewhat unhelpful. In misdemeanors - and I’m sure it varies from county to county - the state has almost always filed a complaint and information within 30 days, and usually within 15. It’s easy to do: all they have to do is copy and paste the relevant statute. The problem is with getting it set for trial, getting the case reached, and then getting the state to admit it’s not ready. If, for example, the state files the complaint and information within 15 days, but you can’t get a jury trial setting for 6 weeks, then 6 weeks is the soonest you can possibly get the prosecutor to admit she’s not ready.

If, on the other hand, you get to the trial date, and your case is not reached, there’s no remedy: the statute applies to the prosecutor, not the court. And if the plea offer is for 15 or 30 days, there’s almost no way a defendant is going to sit in jail for an indeterminate time just to get his day in court.

If you care to answer, prosecutor or PD, and where?