What distinguishes pretrial detention from pretrial release?

Pretrial detention is characterized by an individual being held in custody until their trial takes place, which underscores the primary distinction between the two concepts. This process occurs when a court determines that the individual poses a flight risk, a danger to the community, or may otherwise disrupt the judicial process if released.

On the other hand, pretrial release refers to the scenario where individuals are allowed temporary freedom while awaiting trial, typically under certain conditions such as payment of bail or supervision. This option is designed to balance the presumption of innocence with the need to ensure appearance at trial and safety.

This understanding emphasizes the role of custody versus freedom during the pretrial period, making it clear why the difference lies between being detained and being released pending trial. The clarity around the functions and implications of pretrial detention versus pretrial release is crucial in the broader context of the criminal justice system and the rights afforded to the accused.