President Donald Trump is extending his control over Washington, D.C., after deploying the National Guard earlier this month. On Monday, he signed an executive order requiring the district and other states to end cashless bail within 30 days for defendants considered a risk to public safety.
“Washington was the most dangerous place in this country and now, you know what? It’s probably the safest place in the country,” Trump said during the signing.
Understanding cashless bail
Cashless bail was designed to prevent people from being jailed simply because they cannot afford money bail. Cashless bail lets people accused of crimes leave jail before trial without posting money, often based on factors like criminal history or flight risk. Supporters argue it reduces unnecessary pretrial detention, limits overcrowding in jails and ensures that low-income defendants are treated more fairly. Critics, however, say it can put communities at risk if defendants commit new crimes while awaiting trial.
In Washington, D.C., the system has been in place since the 1990s. NPR reported that in 1992, judges began deciding who could be released under these rules. In 2017, the 94% of defendants released without cash bail, 88% were present at all of their court dates.
The White House criticized the policy, citing studies linking it to higher crime rates.
A 2023 study in Yolo County, California, found that “zero bail” policies corresponded with a 163% increase in overall crime and a 200% rise in violent crime compared with defendants who posted bail.
DC council updates pretrial rules
In July, the D.C. council passed three bills aimed at addressing crime in the district, including one that changes rules for pretrial detention. The update requires judges to keep defendants in custody for certain offenses, such as sexual abuse and strangulation, unless their attorney presents a credible argument for release. It also makes it easier for judges to order detention regardless of a defendant’s prior criminal history.
Critics voice concerns
Derrick Johnson, president of the NAACP, told USA Today that the order could result in low-income defendants remaining in jail while private prisons benefit financially. He also questioned whether Trump has the legal authority to make the change.
“They thought it was discriminatory to make people put up money because they just killed three people lying on the street,” Trump said to reporters in the Oval Office.
The Bail Project says pretrial reforms are meant to keep people out of jail simply because they can’t afford bail.
CEO David Gaspar responded to Trump’s order.
“Efforts to expand pretrial detention or restrict so-called ‘cashless bail’ are dangerous, counterproductive, and out of step with the evidence,” Gaspar said. “The data is clear: studies comparing jurisdictions with and without bail reform have found no link between reform and increased crime.”
He argued that cash bail favors the wealthy, while low-income defendants can be jailed even if they pose little risk.
“People with money can pay bail – no matter the risk they pose – while those without are forced to remain in jail, even if they pose no risk at all,” Gaspar said.
Data doesn’t support claims
Trump has repeatedly criticized cashless bail, calling it a “disaster” in cities like New York and Chicago. Factcheck.org reports research and crime statistics tell a different story.
In Illinois, the SAFE-T Act eliminated cash bail for most offenses in September 2023, but judges can still detain defendants considered flight risks or threats to others. Since the law took effect, Chicago has seen a drop in major crimes: murders are down 37%, robberies 36%, burglaries 18% and overall crime 15% compared with the same period before the law.
New York has also modified its bail policies over the past few years. While judges can set bail in some cases, studies from John Jay College and the Brennan Center show that eliminating cash bail for lower-level offenses did not increase overall crime or re-arrest rates. Only a small group of high-risk individuals saw higher rates of violent re-arrests, and most pretrial defendants were not rearrested for serious crimes.
Executive order details
In the order, Trump said public safety depends on keeping in custody people whose charges or criminal records show they pose a continuing threat. He argued that releasing defendants without bail under city or state policies puts communities at risk and strains law enforcement, which may have to re-arrest the same individuals while earlier cases are still pending.
“You never see the person again. They kill people and they get out,” Trump said.
The order directs the attorney general to compile a list of states and local jurisdictions that have substantially eliminated cash bail for crimes such as violent offenses, sexual crimes, burglary, looting and vandalism. It also instructs federal agencies to review funding provided to those jurisdictions and identify grants or contracts that could be suspended or terminated, as permitted by law.
The administration emphasized that the order must be carried out within the limits of existing statutes and budgets, and that it does not create new legal rights or obligations.
Other places with cashless bail
Illinois, New Jersey and New Mexico have also moved away from traditional cash bail. Instead, they rely on alternative methods to decide who can be released before trial, aiming to make the system fairer for defendants.
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Author: Alex Delia
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