Defendants
Everyone arrested is entitled to a fair and impartial assessment of the minimum conditions that should be imposed to ensure their appearance in court, while remaining arrest-free on bail. The rights of the accused to secure release pending trial must not hinge on the ability to pay. Poverty is not a crime.
Defendants benefit from pretrial service risk assessments, because they are more likely to be released if they do not pose a danger to the community. They are also likely to face lower or no costs to be released, and to access needed services such as drug treatment or mental health care.
Defendants should cooperate fully with the pretrial service agency’s investigation so that all relevant information can be used to make a recommendation to the judge on pretrial release. Defendants also should expect that their defense attorney explore appropriate diversion alternatives with the prosecutor, such as drug courts and mental health courts.