States, Cities Continuing to Move Forward on Bail Reform
Activists, lawmakers, and judges of all political stripes have realized that America’s cash bail system has created an uneven playing field for criminal defendants.
Essentially, if you can’t afford to pay your bail, you can languish in jail, you can lose your home, your job, and your children, and you will not be able to build the defense that those with better resources can. These outcomes have happened far too often to low-income people, even those facing non-violent misdemeanor charges.
In fact, the majority of people locked up in local jails have not been convicted of a crime. They are just waiting for their day in court, all because they did not want to pay a non-refundable amount to a bail bondsman or accept a plea deal that could leave them with a criminal record.
Roundup of Recent Action
California lawmakers passed a bill last year making the state the first in the nation to eliminate the cash bail system. Now, several states, counties, and cities are moving forward on their own efforts.
- Houston: After finding that more than 40 percent of people arrested for misdemeanors were jailed simply because they couldn’t afford bail money, Harris County, Texas, announced a landmark settlement to reform the county’s bail system. In addition to allowing most people arrested on non-violent misdemeanors to remain free while awaiting trial, the agreement will free up more resources for public defenders and send text reminders to people so they do not forget their court dates.
- Philadelphia: The Pennsylvania Supreme Court will investigate the city’s bail system, after the ACLU and others alleged that bail magistrates assessed cash bail conditions to thousands of people who should’ve been released without bail.
- Ohio: A state Supreme Court task force recommended adopting risk-assessment tools that many jurisdictions across the country are relying on to determine whether someone poses a risk to the community if they receive bail.
- Michigan: Gretchen Whitmer created a task force to study the elimination of cash bail for those who are not a flight risk or a danger to the community. The legislature will then examine the task force’s recommendations.
- Missouri: New Missouri Supreme Court-ordered guidelines took effect on July 1, which prohibits judges across the state from keeping people behind bars if they cannot afford their bail.
Don’t Forget the Importance of an Attorney
While the above cases are all good news for the cause that people receive equal treatment under the law, a lot of work remains in the vast majority of states. For now, burdensome bail amounts remain the norm in most jurisdictions.
This only reinforces the need for a qualified, experienced criminal defense lawyer if you are arrested. Before agreeing to a plea deal that may have many hidden consequences, you should always discuss your case with a lawyer.
Related Resources:
- Find a Criminal Defense Lawyer Near You (FindLaw’s Lawyer Directory)
- The Arrest, Booking and Bail Process (FindLaw's Learn About the Law)
- Bail Reform and California Bail Laws (FindLaw’s Learn About the Law)
- NYC Will Offer Bail Alternatives to Nonviolent Offenders (FindLaw's Blotter)