Common Sense Facts for the Cashless Bail Debate:
Why Financially Secured Release Through a Bail Bond Works Better Than FREE Release Through Cashless Bail
Have you ever noticed that the arguments against using bail bonds in the criminal justice system typically go against common sense? In fact, the more you think about it, the arguments used in favor of secured bail release are all based in common sense. That’s why proponents of bail bonds don’t need fancy research studies to explain why bail works—our results are the results of common sense.
Here are some great common-sense facts about bail that expose the flawed arguments of bail reform and cashless bail proponents.
Bail Reform Non-Sense #1:
People Can’t Afford Bail Bonds
Bail reform advocates claim: People are languishing in jail simply because they can’t afford a bail bond.
Secured Bail Common-Sense #1:
Why People are Really in Jail
People are not in jail because of bail—they’re in jail because they’ve been accused of a crime. Additionally, defendants rarely post their own bail bonds. Family members and third parties are typically the ones that secure bail bonds. In other words, the defendant’s personal finances don’t determine their ability to make bail.
When you examine jail populations, you’ll discover that most inmates aren’t detained due to bail amounts. Instead, they’re held for:
- Probation violations
- Transfer holds
- Immigration detainers
- No-bail charges
- Other legal restrictions
For example, in Los Angeles County, the Sheriff’s Department conducts an annual report outlining the make-up of the jail population. Based on that data, one can easily see that most people who are in the LA County jail and who don’t bail out are not bailable. Money is rarely the actual barrier to bail release, despite what cashless bail supporters claim.
Bail Reform Non-Sense #2:
Cashless Bail Produces Same Court Appearance Rates
Bail reform advocates claim: People released on their own recognizance show up for court at the same rate as those released on bail bonds.
Secured Bail Common-Sense #2
Why Bail Bonds Outperform Cashless Bail
This argument defies common sense and human nature. When someone has financial skin in the game through bail bonds, they absolutely perform better than someone with nothing to lose under cashless bail systems.
This common-sense principle is supported by legitimate peer-reviewed studies. For example, Harris County, Texas experienced an over 80% failure-to-appear rate when they increased personal recognizance releases under their bail reform initiatives.
Cashless bail and bail reform proponents cite their own studies, but independent analysis reveals these studies contain significant limitations and deficiencies.
Bail Reform Non-Sense #3:
Text Reminders Solve Court Appearance Problems
Bail reform advocates claim: Simple text reminders will make defendants appear in court under cashless bail systems.
Secured Bail Common-Sense #3:
Why Bail Bonds Create Real Accountability
People don’t show up for court because of text messages—they appear because:
- They have money on the line through bail bonds
- A professional bail agent is responsible for their appearance
- Family members who secured their bail have financial stakes involved
- Real consequences exist for non-compliance
Remove these bail bond incentives, and no amount of text reminders will improve appearance rates under cashless bail policies.
Bail Reform Non-Sense #4:
Risk Assessments Can Predict Human Behavior and Replace Bail Bonds
Bail reform advocates claim: Risk assessments can predict human behavior and determine whether a person will show up for court or reoffend.
Secured Bail Common-Sense #4:
The Reality of Predictive Tools in Bail Decisions
Nothing can predict human behavior—especially not risk assessment algorithms used in bail reform. This isn’t just common sense; it’s scientific fact. The nation’s top data scientists have warned against using predictive algorithms in criminal justice, finding them both ineffective and discriminatory.
Major civil rights organizations including the NAACP and ACLU oppose these “black box” algorithms used in cashless bail systems because they are discriminatory.
Common sense asks: Can we really predict human behavior by asking a handful of questions? The answer is clearly no—which is why proven bail bonds systems work better than experimental cashless bail policies.
Why Common Sense Supports Bail Bonds Over Cashless Bail
When you apply basic common sense, you can easily refute most arguments for bail reform and cashless bail policies. Bail bonds work because they:
- Create real financial accountability
- Involve family support networks
- Provide professional supervision through bail agents
- Have proven track records over decades
Cashless bail experiments remove these essential human motivations and accountability structures that make bail bonds effective.
The evidence is clear: bail bonds serve communities better than cashless bail alternatives promoted by bail reform advocates…and all it takes is a little common sense.