Policy Memoranda from the District Attorney
Effective February 21, 2018, the District Attorney will ordinarily no longer ask for cash bail for
the following misdemeanors and felonies. All representatives of the District Attorney will be
expected to abide by this presumption. Where justice requires, there is discretion to go against
this presumption.
The cash bail system is rife with injustice and exacerbates socio-economic and racial
inequalities, disproportionately penalizing the poor and people of color. The reforms laid out
below represent a decisive step toward ending the use of cash bail and making the pretrial
system more just.
All representatives of the District Attorney should presume that they will no longer seek
cash bail on the following charges:
35-780-113-A16
75-3802
18-3929
35-780-113-A19
35-780-113-A31
18-3921
18-5902
18-3925
18-3304
18-4101
18-3502
18-3503
18-3934
18-3922
18-5104
18-3928
35-780-113-A32
18-5123
18-4914
62-481
18-412018-4119
18-4106
35-780-113-A30

Intentional Possession of a Controlled Substance
DUI
Retail Theft
Unlawful Purchase of a Controlled Substance (BFP)
Possession of Marijuana
Theft by Unlawful Taking (not graded as F2)
Prostitution
Receiving Stolen Property (not graded as F2)
Criminal Mischief
Forgery
Burglary F2- Not for Overnight Accommodation, No Person Present
Trespass (non-residential)
Theft from Motor Vehicle (not graded as F2)
Theft by Deception or False Impression
Resisting Arrest
Unauthorized Use of a Motor Vehicle
Paraphernalia
Contraband
Providing False Identification to Law Enforcement
Fraud in Obtaining Foodstamps/Public Assistance
Identity Theft
Trademark Counterfeiting
Access Device Fraud
PWID-Marijuana (5lbs or under)

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 Special Conditions for PWID Cases (Other than Marijuana)
Where a defendant is charged with possession with the intent to deliver a substance other than
marijuana, the presumption against monetary bail applies, except in any of the following
circumstances:
•

•
•
•

•

The weight of drugs possessed is greater than:
o Heroin:
o Cocaine/Crack:
o Methamphetamine/PCP/Amphetamine:
o Other schedule I/II narcotic:

2.5g
5g
12.5g
5g

There is evidence of the presence of fentanyl
The defendant has received two or more bench warrants in the past five years
The defendant has one or more open cases of:
o PWID
o A violent felony or
o VUFA/PIC (gun)
A defendant has finished serving a sentence for:
o PWID in the last 2 years
o A violent felony in the past 5 years
o VUFA or PIC (gun) in the past 5 years

Discretion:
In the above cases where the presumption applies, representatives of the District Attorney should
generally recommend R.O.R.
While a presumption against cash bail applies in the above cases, representatives will continue
to have discretion to ask for monetary bail where justice requires. For example, cases where a
defendant is charged with a string of crimes, such as burglaries or thefts, or who have multiple
DUIs in a short period of time, may be given cash bail despite the presumption against it. A
significant history of recent flight may also suggest detention.
For all cases not subject to the above policy, representatives of the District Attorney
should continue to evaluate bail requests on a case by case basis.
This policy will also apply to bail reduction motions in preliminary hearing and trial rooms, and in
Motions Court.

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