Bail, Pretrial Release and Public Defenders in Connecticut

After arrest, a bail commissioner (or intake, assessment and referral specialist) must promptly order release on the first condition found sufficient to reasonably ensure appearance (§ 54-63d). At arraignment, the Superior Court must order release on the first of these conditions found sufficient to reasonably ensure appearance in court: (A) a written promise to appear without special conditions; (B) a written promise to appear with nonfinancial conditions; (C) a bond without surety in no greater amount than necessary; (D) a bond with surety in no greater amount than necessary — and a judge may not prohibit a bond from being posted by surety. For a person charged only with a misdemeanor, the court may not impose financial conditions of release unless the charge is a family violence crime, the person requests it, or the court finds a likely risk of flight, obstruction or threats to safety. Factors the court may consider include the nature and circumstances of the offense, prior convictions, record of appearance, family and community ties, employment, financial resources and mental condition. Certain serious firearm offenders must deposit at least thirty per cent of any bond amount directly with the court.

The Division of Public Defender Services represents indigent defendants. An 'indigent defendant' includes a person formally charged with a crime punishable by imprisonment who lacks the financial ability, at the time of the request, to secure competent counsel. A public defender investigates the person's finances and has the person complete a written statement under oath or affirmation of liabilities, assets, income and sources of income. On and after July 1, 2025, eligibility is assessed under guidelines set by the Public Defender Services Commission, and a person whose income under those guidelines is two hundred fifty per cent or less of the federal poverty level may qualify. The court, after the public defender's investigation, appoints counsel if it finds the defendant indigent. In a misdemeanor case the court need not appoint counsel if it states on the record that the case will be resolved without immediate incarceration or a suspended sentence with probation.