In America, we are innocent until proven guilty. The burden of proof is on the prosecution, meaning they are responsible for establishing someone’s guilt in a court of law.
But what happens before you can head to that court? Once people are arrested, they’re often in jail, with no indication of when or if they’ll be released before trial.
A strong defense attorney is important for more than the trial. From the start, your attorney will keep you informed of the process and proceedings. More importantly, they’ll be able to fight for your right to await trial at home and to advocate for the presumption of innocence.
Innocent, but Not Free—What Is Pretrial Detention?
Pretrial detention refers to the period when a person is held in jail after being arrested but before their trial takes place.
In Texas, whether someone is detained or released before trial depends on several factors, including:
- The severity of the charges
- The person’s criminal history
- The person’s criminal history
The last issue, that of “dangerousness,” can be controversial. In a way, it’s a punishment for nonexistent crimes—ones that person might commit in the future. A defendant can be kept behind bars because of the potential harm they might cause rather than because of acts they’ve actually committed.
Texas Trends in Bail Reform
Texas has seen growing debate around pretrial detention and bail reform. In June, the Governor signed a bail reform package intended to keep more people behind bars while awaiting trial.
These policies have obvious appeal from the perspective of crime victims. Unfortunately, the opposite side is rarely considered. What is the cost to an innocent person who is kept behind bars for months or years before getting the chance to demonstrate their innocence?
The Role of Bail
In most cases, Texas law allows for bail, which is a financial guarantee that the accused will return for court proceedings. Once someone has posted bail, they can then be released from jail, with the assumption that they will be in court when needed.
Bail can be paid in cash, through a bond company or, in some cases, waived entirely.
Judges have discretion in setting bail amounts and conditions. For minor offenses, bail may be set quickly and affordably. For more serious charges, bail may be higher or denied altogether.
If you’ve been arrested, a good defense attorney can fight for your right to have a reasonable bail amount set.
When Is Pretrial Detention Mandatory?
Texas law permits judges to deny bail in certain circumstances. For example:
- If the accused is charged with a capital offense and the evidence is compelling
- If the person has violated bail conditions in a previous case
- If the accused is considered a threat to public safety
In these cases, the court may order you to remain in custody until trial. Still, until that happens, your lawyer can argue that the judge should consider bail.
Get Experienced Texas Criminal Defense Representation
Pretrial detention in Texas is not automatic. Many people are eligible for release while awaiting trial. Understanding the law and having strong legal support can mean the difference between awaiting trial behind bars or in your own home.
If you’ve been accused of a crime, don’t wait. Reach out to the Texas criminal defense attorneys at Lee & Wood, GP, today. Call 817-678-6771 or contact us online.