Wealth-based detention creates two systems of justice.
Pretrial detention criminalizes poverty and leads to worse outcomes for those held than those who can pay bail and buy their freedom.
People who can pay their bond and get released before trial:
Less likely to plead guilty.
Less likely to be convicted.
More likely to receive favorable plea deals
More likely to have their cases dismissed.
More likely to receive shorter sentences.
People are held pretrial because they cannot pay their bond:
More likely to plead guilty regardless of innocence.
More likely to be convicted.
Less likely to have their charges reduced at trial.
More likely to receive harsher sentences.
How does being held in jail on bond effect a person's case?
Pretrial detention limits people’s ability to meet with counsel and prepare a defense. It limits their financial resources to dedicate to the defense due to lost income. It traps people into making a quick plea deal so they don't losing employment, housing, or custody of their children. This leads to:
More Severe Sentences
Sentencing severity is higher for people held on the smallest amounts of bail, or charged with misdemeanors rather than felonies.
Longer Sentences
Pretrial detention has been shown to increase sentence lengths in misdemeanor cases, even when the effect of time-served is discounted.
Pretrial detention increases the likelihood of being charged with a new crime in the future.
Removes Safety Nets
Pretrial detention disrupts people's interpersonal relationships and community ties—both of which help protect against future crimes.
“Criminal History”
People held in detention are more likely to plead guilty regardless of their innocence or guilt, thus they are more likely to have a criminal history; prosecutors can use that "criminal history" to pursue a case.
Job Loss
Pretrial detention can cause job loss, and increase challenge of finding employment with a criminal record.
We’re building a coalition.
We are stronger together. Let’s work together to protect our most vulnerable neighbors in Colorado from the harms of the criminal INjustice system.