Middlesex DA Eliminates Cash Bail For Minor Crimes

Today the Middlesex District Attorney announced she would do away with the option of holding non-violent, low-level alleged criminals on cash bail in the district court. District courts still may request bail in violent cases such as domestic assaults, sex crimes and child abuse.

The move could help ease discrimination against the poorest in the court system.

"Recognizing that even a short period of incarceration can cause tremendous upheaval in one’s life, including loss of employment and housing, this practice seeks to prevent incarceration solely due to a lack of financial resources and in cases where we don’t intend to seek a jail sentence," she said in a statement.

This action reflects what has been the evolving practice of this office regarding cash bail, she said. It comes in the same month that New York Gov. Andrew Cuomo announced he was considering something similar. Last January, New Jersey began a new system where judges can only set bail as a last resort. Lawmakers in California, Connecticut, Maryland and New York also have legislation pending that would remake their states' cash bail systems, according to the Pew Charitable Trust.

Ryan noted her decision was informed by her work on criminal justice reform with the Massachusetts Legislature, Middlesex Chiefs of Police, members of the defense bar, community leaders and the public.

"It is also reflective of our larger focus on understanding the impact the criminal justice system has on people’s lives and presenting alternatives to prosecution such as restorative justice and diversion," she said.

This is not a new notion. Public defenders and advocates have argued ditching bail for people who can least afford it would do much more good than harm.

Still, she said, the court would continue to request cash bail in cases "where the facts and circumstances suggest it is necessary," including those involving sexual assault, domestic violence and firearms.

Photo by Sebastian Pichler on Unsplash