Since the implementation of the SAFE T act on September 18, 2023 many trafficking clients are being released without the necessity of having to post cash bail. The new act requires the state to prove by clear and convincing evidence that a person is a risk of flight and a danger to a person or person or that person must be released.
Each county is implementing the act differently from others. St. Clair county allows pretrial release motions to proceed only under the new act. Other counties allow the client to choose to proceed under the old statute (if arrested and charged prior to September 18, 2023. This means that the clients in counties where they can choose under which statute to proceed it is possible to file a motion to reduce cash bail. Obviously, this will phase out in the near future.
The only clients that have had problems are those in the US illegally. And for those the only ones that have problems are those charged in very small counties. I have argued their motions for release and, depending on which county they are charge in, have had success.
The SAFE T act has created an all or nothing approach to pretrial release. For the most part a US citizen with be granted pretrial release without too much difficulty. On the other hand, a person here illegally is more likely to be held without the ability to gain their release prior to disposition of the case.
