Bail is Local

There are ideological differences between pretrial services and the traditional money bail system. Pretrial services argue that they focus primarily on the rights of the defendant (or alleged perpetrator) with the argument they have not been found guilty. The bail industry argument leans on the protecting the rights of society and the victim, as the bail incentive best ensures defendants actually show up at court based on the penalty if they do not. The two sides have passionate arguments yet different philosophies, but essentially both are part of the defendant management life cycle before a court hearing on guilt or otherwise.

Pretrial services are an emerging alternative to cash bail and is a risk-based pretrial assessment, rather than cash money bail, as a basis to release defendants. Courts and counties use tools called risk assessments to determine which offenders can safely be released pretrial back into the community. These assessments use demographic data and information about the defendant's criminal history to predict the probability of complying and appearing, or likelihood of failing to appear, at the appointed court date and whether they pose a danger to the community of released. This is sometimes referred to as a ROR (released on own recognizance) bond.

Cash money bail is the traditional system in which judges can order defendants to pay a certain amount, which varies based on the offense, in order to be released. In a majority of cases, defendants contract with a bail bond company to pay the full amount of the bond with the court in exchange for a premium fee, usually about 10%. If the defendant appears at his appointed court and does not do a "skip", the bail bond agency gets the deposit back and is compensated by the defendant's premium as payment. If the defendant does not appear, the bail agent (and their insurance company, known as a "surety") act to bring the defendant back to court. The general idea behind this system is that the threat of financial penalty helps prevent pretrial misconduct. Bail agencies also do a lot of behind the scenes work to make sure the defendants show up to court and don't skip town, such as weekly check-ins and court reminders. Pretrial services are a cost to taxpayers and cash bail cost is born by the defendant.