Pretrial Detention: When Time in Custody Becomes a Sentence
Imagine being accused of a crime but unable to afford bail. Now, picture spending weeks, months, or even years in custody waiting for a trial that might prove your innocence. For many, this is reality. Pretrial detention, which keeps individuals in custody before their trial begins, impacts those unable to afford bail disproportionately. While meant as a safeguard to ensure court appearances and protect public safety, pretrial detention can lead to devastating consequences.
This blog explores the concept of pretrial detention, the issues contributing to excessive time spent in custody, and a recent case analysis. If you or someone you care about is caught in this cycle, understanding your rights and the broader system is a crucial first step.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
Understanding Pretrial Detention
Pretrial detention refers to when a criminal defendant is held in custody between their arrest and their trial. This can occur either when a judge sets no bail or when bail is set in an amount so high that the defendant cannot afford it.
The Problem with Pretrial Detention
One of the biggest issues with pretrial detention is the excessive time some individuals spend in custody simply because they cannot afford bail. This raises several concerns:
· Presumption of Innocence: Pretrial detention requires individuals to remain in custody before they are proven guilty, reinforcing the perception of guilt.
· Disruption to Lives: Long periods in custody can mean job losses, housing instability, and strained relationships with friends and family.
· Impact on Mental Health: Staying in custody while awaiting trial can severely affect a person’s mental well-being, increasing anxiety, depression, and hopelessness.
· Legal Disadvantages: Accused individuals detained pretrial might face an uphill battle in building a strong defense without the ability to prepare a defense from outside of custody.
Statistics highlight how this problem disproportionately affects low-income individuals. Someone with financial means may secure their release in hours, while someone without resources may languish in jail for months for the very same charge.
Factors Influencing Pretrial Detention Several factors contribute to the prolonged pretrial detention of individuals unable to make bail.
1. The Bail System
At the heart of the issue lies the cash bail system, which requires a monetary payment for release. When bail is unaffordable, even minor charges can result in lengthy detention periods.
2. Court Backlogs
Overburdened courts often take months—or years—to process cases. This can leave accused individuals waiting far longer than necessary for their trials to begin.
3. Ineffective Legal Representation
Low-income defendants who rely on overworked public defenders may experience delayed advocacy. Without consistent legal representation advocating for speedy trials or alternative conditions, custody can become prolonged.
Nunez-Dosangos V. Superior Court (People)
In 2018, Jose Nunez-Dosangos and his co-defendant, Reno Ramos, were arrested in connection with the shooting death of Anthony Lamar Patton, Jr. Nunez claimed to police that he was coerced into carrying a gun for Ramos, who allegedly took the weapon from Nunez’s waistband shortly before the shooting occurred. A first amended felony complaint charged both individuals with murder, alongside enhancements.
However, during the preliminary hearing, the magistrate determined there was insufficient evidence to suggest that Nunez had prior knowledge of Ramos’s intent to use the gun to shoot anyone, leading to the dismissal of the murder charge against Nunez due to a lack of proof. By June 2024, Nunez’s request for release on his own recognizance was denied. He subsequently filed additional motions in July and August 2024, citing nearly six years of incarceration, financial hardship, and arguments that less restrictive release conditions would adequately address the government’s concerns, as he posed no flight risk and had no prior criminal history or court absences. When Nunez’s attorney argued that continued detention violated due process and exceeded the maximum permissible term, the trial court asserted its discretion to keep him in custody. Nunez then petitioned for a writ of habeas corpus.
The court determined that Nunez’s prolonged pretrial detention exceeded permissible limits and violated his due process rights. Significantly, the court noted that Nunez had been held in custody for longer than the maximum amount of time he could serve for the crime he was charged with.
To evaluate whether such detention infringes on these rights, courts assess three key factors:
(i) the duration of the detention,
(ii) the degree to which the prosecution is responsible for trial delays, and
(iii) the strength of the evidence justifying detention, particularly regarding the defendant’s potential danger to the community.
After reviewing the case, the court found that Nunez’s detention, was disproportionate to the government’s public safety objectives and amounted to impermissible punishment. The court also highlighted that less restrictive measures, such as conditions on pretrial release limiting firearm access, could adequately protect public safety. Despite these findings, the petition was ultimately dismissed as moot after Nunez was released.
Contact Wallin & Klarich Today
If you are facing pretrial detention, you need to contact our aggressive attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
