Pretrial Release Eligibility

“State constitutions and statutes specify which defendants may be detained before trial ... However, denial of release is not absolute. A court must make certain determinations before ordering detention ... While state laws broadly provide for presumption of release, they also define who is and is not eligible for pretrial release, and under what conditions.” A chart showing pretrial release eligibility by state is available at this website. The chart shows the state and its governing statute, presumption of pretrial release (whether stated in the state constitution and/or in the statue), and when pretrial release may be denied (whether stated in the constitution and/or in the statute).