Reference no: EM133202515

So how do authorities determine whether a person is released or detained before trial? Pretrial release decisions are most often made by a judge, a magistrate, or a bail commissioner, who typically has three choices: release on bail, release without bail (that is, on the accused's own recognizance), or hold in jail until trial. In most states, the court must determine whether the accused poses a serious risk to the safety of the community, and how likely it is that he or she will appear in court. As a proxy for such determinations, it's common practice to set a monetary bail amount to help ensure that defendants appear in court. Money bail has become increasingly widespread since the 19803 and is now the primary pretrial release mechanism in the United States.