MYTH: Everyone accused of a crime will be let out of jail before their trial.
TRUTH: The Pretrial Fairness Act provides for an individualized hearing at which the judge will consider whether an accused person should be denied release because they would pose a threat to other people, or because they would be likely to flee. The person’s ability to pay an arbitrary amount of money will no longer determine whether they can be jailed pretrial.
MYTH: People charged with offenses such as murder, kidnapping and robbery will be "set free” threatening public safety.
TRUTH: Prosecutors will retain the ability to present evidence that releasing an individual charged with a violent felony would endanger someone else, or that the person would be likely to flee. The judge can then order that the person be jailed until their trial.
MYTH: Judges will no longer be able to issue warrants for people who do not show up in court.
TRUTH: Under the Pretrial Fairness Act, judges will still have the power to issue warrants when people do not appear for court. Judges may revoke release in response to violations.
MYTH: The law prohibits police officers from removing trespassers.
TRUTH: The Pretrial Fairness Act changes nothing about the ability of police to arrest anyone they believe poses a threat to public safety, Including someone who is trespassing in violation of the law and refuses to stop.