Bail, Pretrial Release and Public Defenders in District of Columbia

The default is release: 'The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court,' unless that will not reasonably assure appearance or will endanger the safety of any other person or the community. If not, the officer imposes the least restrictive further condition or combination of conditions. A judicial officer may not impose a financial condition to assure community safety, and may impose one to assure the defendant's presence only if it does not result in the preventive detention of the person; a person detained because of inability to meet conditions is entitled, on application, to review of the conditions (§ 23-1321). Pretrial detention requires a hearing, held immediately upon first appearance (continuances limited to 5 days for the defense and 3 days for the government absent good cause), and a finding by clear and convincing evidence that no condition or combination of conditions will reasonably assure appearance and safety; rebuttable presumptions apply for certain armed and violent crimes. A detained person generally must be indicted within 90 days and have trial commence within 100 days (§ 23-1322).

Counsel is provided under a court plan to any person in the District who is financially unable to obtain adequate representation and is charged with a felony, misdemeanor or other offense where the Sixth Amendment requires counsel; the plan includes attorneys furnished by the Public Defender Service, private attorneys, and clinical-program attorneys and students (§ 11-2601). The Public Defender Service may represent persons financially unable to obtain adequate representation who are charged with an offense punishable by imprisonment for a term of 6 months or more, among other listed categories; the determination of financial inability is based on information provided by the person to be represented, and the court may require information from other persons or agencies (§ 2-1602).