What is "pretrial release"?

Pretrial release refers to the process where defendants are permitted to remain free until their scheduled court date, rather than being detained in jail. This practice is fundamental to the criminal justice system as it upholds the presumption of innocence, allowing individuals to avoid the potential negative consequences of incarceration while they await trial. It enables them to continue their everyday lives, maintain employment, and prepare their defense effectively with the necessary resources.

In this context, the concept contrasts with other options. While monitoring programs can be part of pretrial release conditions, they do not define what pretrial release itself is. Similarly, alternative sentencing is a broader category that applies to individuals who have been convicted, rather than those awaiting trial. Assessing a defendant's risk can play a role in the decision-making process for pretrial release but does not encapsulate the primary function of allowing freedom prior to trial. Thus, pretrial release focuses specifically on maintaining a defendant's freedom during the interim period before a legal verdict is reached.