Pretrial Detention/Release

Detention in a jail facility while awaiting trial. Those arrested and charged with a felony criminal offense face one of two pretrial dispositions: (1) they are released (on their own recognizance, conditionally, or on bail/bond) or (2) remanded to custody. The pretrial disposition decision usually occurs during the preliminary hearing and generally within 48 hours of arrest. When it comes to pretrial detention decisions, there is a presumption in favor of release. The type and seriousness of the offense and the defendant's employment status, prior record, and ties with the community are considered relevant in the pretrial release determination. For those detained pretrial, the time served while awaiting trial is typically deducted from the eventual sentence if found guilty.