Many times since the SAFE-T Act's implementation on September 18, 2023, I have been asked will I get out of jail under this act? The answer is not always known and varies widely from county to county. The factors examined by the judge during a pretrial detention hearing are the nature of the offense (is the offense probationable or not), whether there is an element of violence to another person in the charge, is there a known risk after the incident to a person or the community in general. For the most part if the offense is a low level misdemeanor or felony the defendant will be released without having to post cash bond. However, in some DUI, Domestic Violence and other related offenses, the defendant may be remanded to sit in jail until their case is fully resolved. In some low level felonies (Agg. UUW non-probationable, Domestic (repeat), etc.) the defendant will mostly likely be ordered to stay in jail. Under non-probationable felonies the court will sometimes require detention. However, I have been able to gain release for my clients charged with mandatory time offenses that do not involve firearms or violent acts/injuries. One example is a client with Class X child pornography who was released.
The court can place the defendant under conditions that normally involve evaluation and treatment for drug/alcohol or mental health issues, ankle monitor, no contact with victims, and sometimes house arrest. The conditions are supposed to be structured to ensure the defendant does not create a risk of harm to another while out of jail pending trial.
