On Monday, President Donald Trump, who has called cashless bail a "government-backed crime spree," signed an executive order to end the policy nationwide. The order restricts the allocation of "Federal policies and resources" to jurisdictions and states with cashless bail policies for "crimes that pose a clear threat to public safety and order." It tasks Attorney General Pam Bondi with creating a list of such jurisdictions within 30 days, at which point the federal funds of these jurisdictions may be suspended or terminated.
While the Eighth Amendment prevents excessive bail, defendants are not guaranteed an absolute right to bail. The Bail Reform Act of 1984 allows for the denial of bail for defendants who pose a flight risk, including those charged with violent crimes, offenses carrying life imprisonment or death, certain drug offenses, repeat felony offenders, and those posing a danger to society.
When a defendant is arraigned, a judge may release them on their own recognizance (a promise to appear), detain them, or release them on bail. With bail, a cash guarantee is provided and returned upon the conclusion of the case. Bail is determined by the jurisdiction where the crime is prosecuted, meaning in some jurisdictions, bail isn't required for lesser charges.
