ABSTRACT
Pretrial has been identified as one of the most important decision points in the criminal justice system. The decision not to release an offender from jail prior to their trial has been linked with the likelihood that a defendant will be found guilty, be sentenced to prison, and receive a longer prison sentence, controlling for legal variables. Pretrial decisions are not easy. Judges and magistrates have a significant number of factors to consider in a short period of time. This chapter will first examine the history of pretrial services and discuss how the system has come to rely heavily on money bail. From there, the chapter will provide a review of pretrial risk assessments and the intersection of seriousness and risk. A discussion of ways in which the defendant can be released follows and then the chapter ends with a discussion of pretrial supervision and pretrial diversion programs.
