Pre-trial release might sound good in theory, but when accountability is placed only on the defendant and no monitoring is involved, it can result in a fugitive. Did you know that if a defendant out on pre-trial release skips their court date, it is not a high priority for police to find them, whereas it is a high priority for a bail bondsman to find the defendant and return them to court? The fact is that the average bail bondsman needs to have a 95% or more success rate in order to stay profitable? That means if more than 5% of the bondsman’s clients skip bail, the bondsman could go out of business. Pre-trial relies on funding from taxpayers and holds no individual financially accountable for the return of a defendant to answer for his or her accused crimes in court .
When you look at the facts, commercial bail is a better option for the police, courts and most of all the taxpayer.
The video below pulls from information provided in a report produced by the American Legislative Council (ALEC), that states, “Thousands of defendants are released every day back into our streets and neighborhoods that will not return to court, and your tax dollars are paying for it.”
The video below answers 9 important questions about pre-trial release, further displaying the benefits of commercial bail.
1. What is Pre-trial Release?
It is normally a local government entity that releases criminal defendants from jail, at no cost to the defendant.
2. How is it funded?
Local tax dollars fund Pre-Trial Release programs. The average program has a budget in excess of $1 million.
3. When is it used?
Pre-trial Release was first used for less-serious crimes when a defendant couldn’t afford bail. Now it is used in violent cases even if the defendant can afford bail.
4. What happens after release?
The Pre-Trial Release person is supposed to make sure the defendant shows up in court. Many do not and are still fugitives after one year.
5. Who is held responsible?
When a defendant does not appear, no one is held financially responsible.
6. Who tracks them down?
If the defendant fails to appear it is up to local law enforcement to locate them and bring them back to court. It is a low priority.
7. Does this penalize taxpayers?
Yes.
8. Do most taxpayers know they’re paying for Pre-Trial Release?
No.
9. Is there an alternative with no cost to the taxpayer?
Yes: commercial bail.
Fact:
Only 3% of defendants become fugitives when out on commercial bail. And it doesn’t affect your tax dollars.