Arrests Are Based on Probable Cause, Not Poverty<\/h2>\n
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First and foremost, people are not arrested or put in jail because they are poor. It is worth remembering that people are arrested because law enforcement has \u201cprobable cause\u201d to believe they committed a crime. Based on that probable cause, the law enforcement officer has the authority to arrest and detain an individual. As you can see, the decision to arrest someone has nothing to do with how much they have in their wallet and is made long before any discussion of bail or release even begins.<\/p>\n
Once someone is arrested, the question becomes whether they should be released while their case is pending. That decision is based on whether a judge believes that they are likely to return to court and whether they pose a risk to public safety. If and only if someone is determined to be a safe risk to release from jail is a bond set by a judge. The commercial surety system exists precisely to help manage that risk through financial accountability and active supervision by bail agents.<\/p>\n
Los Angeles County Data Tells a Different Story<\/h2>\n
While bail reform advocates continue to bang the drum of their \u201cpoor person\u201d narrative to the media and legislatures, the data coming out of our criminal justice system tells a different story. A story that includes facts and completely contradicts their prepared narrative. Every year, the Los Angeles County Sheriffs\u2019 Department issues a jail population report for the Los Angeles County Jail<\/a>. And each year, these reports show that the vast majority of people held in county jail are not there because they are poor and cannot afford a bail bond. The people that are in custody in the Los Angeles County Jail, at any given time, are there for a wide variety of reasons. They are being held because\u2026<\/p>\n These are the factors that contribute to jail populations, not the inability to pay a bond. The idea that these individuals are simply too poor to get out ignores the legal realities that actually drive detention decisions. According to data from one of these LA County Sheriff reports, less than 13% of defendants in the jail were even eligible for bail. That is a far cry from the 60%-70% that bail reform advocates claim are sitting in jails because they can\u2019t afford bail. And of those 13%, the majority do bail out by paying full cash to the court or a percentage of the bail to a bail bondsman. In other words, once the system has a chance to work and defendants and their families secure their release, there are very few if any people left languishing away in jail because they are too poor to afford bail. There is always another extenuating circumstance that is responsible for their detention.<\/p>\n Furthermore, additional studies and jail population analyses in Los Angeles and other large counties have repeatedly shown that the people who remain in jail pretrial tend to have more serious criminal histories and are facing more serious charges than those who are released. This is not a coincidence. Judges and prosecutors make detention decisions based on risk, both flight risk and danger to the community. They do not make decisions based on how much money someone has in their pocket, nor should they.<\/p>\n Once you understand the facts and the reality of jail populations you begin to understand that the claims being made that jails are full of poor people who can\u2019t afford bail are being made because they serve a specific rhetorical purpose. It is designed to shift public sympathy away from crime victims and toward criminal defendants. By framing defendants as victims of an unfair system, advocates attempt to make the case that releasing more people, often with little to no financial accountability, is a matter of compassion rather than a calculated policy decision.<\/p>\n This narrative also conveniently ignores the very real harm caused when defendants are released and then fail to appear or commit new crimes. Crime victims, many of whom are also poor, are left to deal with the consequences while advocates focus on the financial circumstances of the accused.<\/p>\n No one should be held in jail solely because they cannot afford bail. I think we can all agree with that statement. And the reality is that is just not happening. People are not being arrested and detained because of the amount of money in their wallet. As we have shown earlier, the data from Los Angeles County and similar jurisdictions across the country show that most people who remain in jail pretrial are not there because of poverty. They are there because of the nature of the charges against them, their criminal history, or other legal holds that have nothing to do with their bank account. The \u201cpoor people languishing in jail\u201d narrative may be emotionally compelling, but it does not reflect the reality shown in the data.<\/p>\n No. Arrests are based on probable cause that an individual committed a crime. The decision to arrest occurs before bail or a defendant\u2019s ability to pay is considered.<\/p>\n People may remain in custody because of serious charges, public safety concerns, active holds, probation or parole violations, immigration detainers, pending transfers or existing sentences.<\/p>\n Judges consider whether a defendant is likely to return to court and whether releasing the defendant could pose a risk to public safety.<\/p>\n No. Many people held in county jail are not eligible for bail because of the charges against them or other legal restrictions. According to the Los Angeles County data discussed in this article, less than 13% of defendants in the jail were eligible for bail.<\/p>\n A commercial bail bond allows an eligible defendant to secure release without paying the entire bail amount directly to the court. Bail agents provide financial accountability and work to ensure defendants return for their scheduled court appearances.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" The Myth of the Poor How Bail Reform Advocates Push a False Narrative It looks as though the bail reform advocates are at it again with their \u201cPoor Person Narrative.\u201d In a recent article bail reform proponents once again make the claim that there are… <\/p>\n\n
The Real Purpose of the \u201cPoor People in Jail\u201d Narrative<\/h2>\n
Conclusion<\/h2>\n
Key Takeaways<\/h2>\n
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Frequently Asked Questions<\/h2>\n
Are people arrested because they cannot afford bail?<\/h3>\n
Why do people remain in jail before trial?<\/h3>\n
What do judges consider when making bail decisions?<\/h3>\n
Does everyone held in county jail qualify for bail?<\/h3>\n
What role does a commercial bail bond play?<\/h3>\n
Related AIA Bail Articles<\/h2>\n
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