Who needs pretrial services? Consider this: Getting caught in a storm while walking down the street is usually unpleasant. However, there are ways to minimize the problems. For example, you can take shelter in a nearby store or restaurant while collecting yourself and waiting for the weather to pass. 

Those arrested and charged with a crime find themselves in a different storm. Pretrial and probation programs allow them to avoid the rain, collect themselves, and prepare for what happens next. 

By allowing defendants to avoid jail time, these programs give individuals a lifeline and provide numerous benefits to the courts, the public, and our criminal justice system. 

What are Pretrial Services?

Pretrial and probation services occur at different stages of the legal process, but they both center around screening and supervising an offender to guarantee they follow the court’s requirements. In exchange for their obedience, the defendant is allowed to avoid incarceration.

What is Pretrial?

At the front end of the process are pretrial services. As the name suggests, these occur after someone has been arrested but before their trial begins. 

First, the court will gather information on the defendant and assess their risk of either trying to escape justice or posing a danger to others around them. This data can include the defendant’s background information, criminal history, employment or resident details, and any other relevant data the court needs.

Next, the judge will decide whether the defendant should stay in police custody or be released until the trial begins. If granted pretrial release, the defendant must obey specific court orders (e.g., random drug tests or GPS monitoring) to remain out of prison up to and during their trial. On the other hand, if the defendant poses too much of a risk, the judge can opt for pretrial detention and force the defendant to remain in police custody.

What is Probation?

At the other end of the process is probation, which occurs after a defendant has been convicted. Probation is an alternative to incarceration that similarly allows an offender to avoid time in prison so long as they comply with specific requirements. They’re assigned a Probation Officer who provides some of the same services as a Pretrial Services Officer. 

The key characteristic of probation is that it can occur before a defendant spends any time in prison. Unlike parole, which usually occurs after some time in prison has been served, probation tries to help rehabilitate an offender. Depending on the defendant’s case and compliance with the court’s orders, it can last months or years. 

In addition to monitoring and reporting on the offender’s progress, a probation officer can provide guidance, support, and resources to help the offender reintegrate into society. 

Ultimately, pretrial and probation services help a case run smoothly. Whether by assisting a judge with information gathering and risk assessment or helping the offender find a job as a condition of their probation, these programs play an important role on multiple levels. 

Who Administers Pretrial and Probation Services?

Both pretrial service programs and probation services are organized and administered according to the jurisdiction of the court that uses them. For example, at the federal level, the U.S. Probation and Pretrial Services agency oversees these programs for all 94 federal district courts nationwide. 

Outside the federal court system, most versions of these programs function at local levels (i.e., within each countyor court jurisdiction). This organization helps accommodate laws or nuances surrounding pretrial release and probation within each area. For example, courts in some states may not deny pretrial release if defendants can’t afford to pay their bail.

Probation Officers and Pretrial Service Officers

One integral aspect of both programs is using an appointed or hired officer to act as the court’s agent throughout each process. 

For pretrial services, the pretrial services officer gathers the information mentioned above, presents it to the court, and assists the judge’s risk assessment of the defendant with any requested recommendations. If release is granted, the officer uses pretrial supervision to monitor the defendant, guarantee they comply with the conditions of their release, and don’t pose a danger to anyone around them. 

Similarly, suppose a defendant is convicted but sentenced to probation instead of prison. In that case, a probation officer uses supervised probation to monitor the offender after the trial ends. They help and support the offender in obeying the terms of their probation, provide any necessary resources, and submit regular reports about the defendant to the court. 

What Are the Benefits of Pretrial Services?

Both service programs benefit the criminal justice system, those involved in a case, and society.

• • Alleviate Overcrowding: For the past few decades, federal, state, and local prisons across the country have all had issues with overpopulation. Pretrial and probation service programs help reduce this issue by allowing defendants to avoid jail time, which, in turn, avoids any of the costs that would’ve arisen from their incarceration. The prisons can then direct those resources toward those already in a cell.
    

• Reduce Recidivism: By focusing on treatment and rehabilitation instead of punishment, probation is more likely to resolve the underlying issues (e.g., mental illness, substance abuse disorders, etc.) that caused the offender’s actions in the first place. Doing so makes it much less likely that the offender will repeat their crime or commit new ones.

• Supply Logistical Support: Perhaps the most obvious benefit of these programs is their role in coordinating and managing all the practical aspects of the court’s decision. Investigations, supervision, drug screening, mobile device tracking – the list goes on. Pretrial and probation service officers do a tremendous amount of legwork to support those involved in a case and guarantee public safety.
  

• Protect Judicial Ideals: One of the legal cornerstones in American history has been the presumption that a person is “innocent until proven guilty.” Forcing someone to remain in jail before they’ve been convicted of a crime or had due process of the law goes against that ideal. Moreover, it makes it harder for the defendant to meet with their attorney or work on their case.

Conclusion

When asking, “Who needs pretrial or probation services?” the simple answer is, “Everyone.” Whether these programs are managed by the courts or outsourced to a professional third party, they play critical roles inside and outside the courtroom. 

They help judges quickly and efficiently assess if a defendant is eligible for pre- or post-trial release, saving the entire prison system time and money that could be better invested elsewhere. Moreover, they help defendants avoid wasting time in jail instead of working on their defense and allow them to focus on rehabilitation instead of surviving incarceration.

In other words, they help prevent a person and their case from becoming just another number on a docket. They treat people like people and take a human-centered approach to justice that benefits everyone involved. 

Want to learn more? Contact Judicial Services of the Ozarks.