In the ongoing movement to improve the criminal justice system, pretrial services programs have emerged as a remarkable tool and invaluable resource for creating true equality. At the heart of the issue addressed by pretrial services is the needless incarceration between the initial arrest and the trial. Generally, this issue is settled through a cash bond or bail.
An arrangement that allows a defendant to go free while they await trial, a bond or bail allows for temporary release from prison on the understanding that the defendant will return to court when called. The difference between bond and bail relies primarily on its source – bail is paid by the defendant, and a bond is paid by a third party. Either way, the defendant is allowed to leave jail, but must follow specific rules set by pretrial services.
On the one hand, this seems like a fair way to keep detainees from losing their livelihood while they await trial, letting them attend to their careers, families and education. On the other hand, without a full understanding of a defendant’s situation, the court may refuse bond or bail and subject them to unnecessary incarceration.
Pretrial services aim to address this disparity by offering the court a more thorough understanding of a defendant– their home life, education, employment, and community ties – helping assess the risk that they might flee before the trial or pose a risk to the public.
They build this understanding through extensive research. This includes following up with personal references, double checking all information provided by the defendant about their residence, occupation and more. But their duties go far beyond this first step. Following the judge’s ruling on bond, pretrial services works with the defendant to ensure they are meeting all the conditions of their release, be it drug testing or the use of a monitoring device.
While their job is to ensure you’re meeting those conditions, they are not probation officers. That said, if you violate the conditions of your bond, the pretrial services officer is required to inform the judge. At that point, the judge might choose to add more conditions to your bond or revoke it altogether.
If you are working with pretrial services to meet bond conditions before a trial, the wisest course of action is to simply follow the rules, do what you are supposed to do, and keep lines of communication open with your attorney.
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(512) 829-3081
The Law Office of Ken Gibson
812 San Antonio St #100
Austin, TX 78701