What does "pretrial release" mean?

Pretrial release is similar to bail. How it works depends on whether state or federal law applies to the case.

When a person is arrested on federal criminal charges, she is assigned to a pretrial release officer who'll review her personal history - including ties to the community, close family and other relationships, employment history, and prior record - and then make a recommendation to the federal court as to what, if any, bail would be appropriate for her.

The federal criminal justice system is unlike many state systems where bail is always set. For many federal offenses, including drug offenses, the government can request that no bail be set and the person detained in custody pending trial as a flight risk or a danger to the community. The pretrial release officer operates independently of the prosecutor and court, and forms her own opinion as to whether the person should be denied bond or not. Pretrial release officers don't generally ask questions about the current offense you're trying to "bond out" on, so there isn't any reason not to be honest with them about your family, financial and employment history. Cooperation with this officer may help get you released on bond. You should always have your lawyer present when providing information to a pretrial release officer or any other government agent.

Assuming the court decides that bail should be set, it will attempt to set it in an amount that you can meet. If it's set too high, you can go back to court in a short period of time and explain why the bail is too high. In all likelihood, it should be lowered. In the federal system, once the court decides you're bondable, bond should be set in an amount and with conditions you can meet.

Bondsmen have a far lesser role in federal criminal cases than state cases. This is because the federal court may act as the bondsman by allowing you to post 10% of the bond amount with the court, and then posting the remainder through your own promise to appear, or by giving collateral, such as real estate. When the case is over, the court (unlike the bondsman) returns your 10% and your collateral.

If you'll be meeting soon with a pretrial release officer, it might be worthwhile for you and your lawyer to put together a package of assets and conditions you find agreeable as part of your bond, and take them to the pretrial officer and explain why they're sufficient to secure your appearance at trial. If you can sell her on the package, it's more likely she'll go to bat for you with the court.

Tags: release depends law person record appropriate criminal justice drug offenses