Commonwealth’s attorney ends cash bail

Descano

Fairfax County Commonwealth’s Attorney Steve Descano is implementing several reforms – alternatives to pre-trial detention and the elimination of cash bail – with the goal of making the criminal justice system more equitable.   

Descano formalized his office’s commitment to not seek cash bail, a practice he initiated immediately after taking office in January.

He also announced Dec. 21 that his office will seek alternatives to pre-trial detention for defendants who are not considered a flight risk or don’t pose a danger to the community. These determinations will be based on a comprehensive analysis of each defendant’s circumstances. 

“Cash bail creates a two-tiered justice system – one for the rich and one for everyone else,” Descano said. “Those who can’t afford bail often face the risk of losing their jobs, housing, and even potentially custody of their children. Many plead guilty simply to avoid these rippling consequences – which are most likely to impact Black and Brown community members already disadvantaged by the system’s legacy of structural racism.

Related story: Commonwealth’s attorney to reform Fairfax County criminal justice system

Descano called on the Virginia General Assembly to ban cash bail statewide in the next legislative session. 

Cash bail has proven to be an efficient tool for increasing the community’s pre-trial detention population, while proving ineffective at ensuring the community’s safety, Descano said. So long as judges can continue to impose cash bail on defendants, community members will remain behind bars simply because they cannot afford bail.

Descano previously implemented other criminal justice reforms, including ending prosecution for marijuana possession.