Federal Bill Forces D.C. to Reintroduce Cash Bail, Mandates Detention for Violent Crime Charges

This legislation, titled the ‘Ending Cashless Bail in Our Nation’s Capital Act,’ is a direct federal mandate that forces the District of Columbia to overhaul its pretrial release system. Essentially, it strips D.C.’s local government of the power to decide when cash bail is off the table, requiring them to allow its use when a defendant is deemed a serious threat to public safety.

The Return of the Bail Sticker Price

The core change here is that D.C. must allow judges to set cash bail—at whatever amount is necessary—if the defendant is charged with certain offenses and considered a public safety risk. This isn’t just about serious violence; the list of triggering offenses includes things like failing to show up for court, obstructing justice, rioting, or even destroying someone else’s property. If you’ve been repeatedly charged with any of these, D.C. must allow cash bail to be imposed. For the average person, this means that even non-violent charges could now carry a price tag for freedom before trial, disproportionately affecting those who can’t afford to pay.

Mandatory Detention for Serious Charges

Beyond reintroducing cash bail for certain offenses, the bill also mandates a major shift in how D.C. handles violent crime. Under this act, D.C. cannot have a system that fails to automatically presume that defendants charged with serious violent crimes must be held in jail before trial. This applies to charges like murder, rape, carjacking, and robbery. While keeping dangerous people off the streets is a clear benefit, this provision removes judicial discretion and requires detention based on the charge alone, before any trial has taken place. This is a significant restriction on pretrial liberty.

Who Pays the Price?

This bill has two major impacts that hit regular people. First, it overrides local governance, asserting federal control over D.C.’s criminal justice policies—a move that many D.C. residents view as federal overreach. Second, and more practically, by mandating the option for cash bail, it creates a two-tiered system of justice. A defendant charged with obstruction who has the means to pay a high bail amount walks free to prepare their defense, while a lower-income defendant charged with the same crime stays locked up, simply because they don't have the cash. This financial barrier directly impacts low-income D.C. residents, potentially leading to increased pretrial detention for people who are presumed innocent but lack the funds to buy their temporary freedom.