10% Deposit Bail- Myth 1

ACCORDING TO THE DICTIONARY,

a myth is something imagined, fictitious or not

based on facts or scientific study.

The Easter Bunny is a myth. Santa Claus is a

myth. Leprechauns are myths. And, some beliefs

about 10% deposit bail are myths. Let us review a

few of them.

MYTH #1

Deposit bail is an appropriate method of

release pending trial.

This is mythical because it is not based on fact.

Deposit bail is totally inappropriate as a form of

pretrial release. How do we know this? Because

the qualification that any pretrial release method

must meet to be appropriate has been consistently

defined for us by the courts, which say that the sole

purpose of bail is to ensure the appearance of the

defendant.

If the sole purpose of bail is to ensure the

appearance of the defendant, then any release

method which does not accomplish this is

inappropriate. Clearly, deposit bail fails this test,

because a disproportionately high percentage of

people released this way never come back to court.

Therefore, to say that deposit bail is an appropriate

pretrial release method puts it right there with the

Easter bunny – it’s just not real.