"Most of the nation’s bail laws mandate – and NAPSA and the American Bar Association recommend through their respective standards – defendants be released pretrial under the least restrictive conditions required to ensure the defendant attends all future court dates and does not commit any new law violations while out of custody pending case disposition. In most jurisdictions, “least restrictive” is defined as release back into the community, either on the defendant’s own recognizance or under court-ordered conditions of supervision. In addition to helping ensure the fair and prompt administration of justice, “pretrial release” allows a defendant to remain in the community providing for his/her family and aiding in his/her defense pending case disposition. Pretrial release further ensures those defendants who do not pose a risk to the community are able to be released from custody even if they have no financial means. Research verifies that lower risk defendants detained unnecessarily during the pretrial process show a significant likelihood that their risk for recidivism increases as a result."
