Washington D.C. Pretrial Detention

Pretrial detention is used when a suspect is considered likely to flee or destroy evidence. It involves restricting an individual’s physical liberty to allow the investigation to proceed effectively.

Under the presumption of innocence, no individual can be deprived of liberty without meeting specific legal thresholds. Therefore, detention must only be imposed through a lawfully issued warrant by a judicial officer.

Under D.C. Code § 23–1321 and related provisions, pretrial detention may be ordered if:

• The defendant has no fixed residence.
• There is a credible risk of evidence tampering or witness intimidation.
• There is a high likelihood of fleeing the jurisdiction.

For minor offenses punishable by a fine under $50 or less, detention is only permitted if the individual lacks a fixed residence.

The process for imposing pretrial detention must strictly follow judicial procedures.

If a suspect or defendant believes detention is unjustified, they may challenge the detention through a hearing or petition.

Suspect Detention Procedure:

• Arrest
• Prosecutor files for detention within 48 hours
• Court evaluates and issues or denies detention order
• If granted: detention proceeds; the detainee may challenge via a detention review hearing
• If denied: suspect is released pending investigation; the prosecutor may reapply with additional evidence

Defendant Detention Procedure:

• The prosecutor requests detention before trial
• The judge holds a detention hearing to assess whether to grant the request
• The defendant may file for conditional release (no motion for detention review allowed after formal indictment)

While non-custodial investigations are the general rule, detention may be imposed if the court finds compelling reasons. Key factors include:

Severity of the Crime
The court evaluates the nature, method, and motivation of the offense, including how many victims were harmed and the extent of damage.

Risk of Recidivism
Previous convictions, patterns of similar behavior, and the seriousness of prior offenses are considered. Repeat offenders are more likely to be detained.

Potential Harm to Victims or Witnesses
If there is a risk of retaliation or intimidation against victims or key witnesses, detention is deemed necessary for protection.

Witnesses include complainants, informants, eyewitnesses, or any person possessing critical evidence.

Defendants and their legal representatives may challenge the legitimacy of detention through a detention review motion.

Who Can Request a Detention Review:

The defendant

Their defense attorney

Immediate family members (e.g., spouse, sibling, parent, child)

Legal guardians or cohabitants

Judicial Considerations in Review:

Whether the original grounds for detention still exist

Whether any new facts emerged that would support release

Whether conditional release (such as GPS monitoring, stay-away orders) can ensure compliance

In some cases, the defendant may also apply for pretrial release on bail, known as conditional release in D.C.

Conditional Release May Involve:

Paying a bond

Surrendering travel documents

Residing at a specified address

Avoiding contact with victims or witnesses

Detention May Still Be Required If:

The offense is punishable by life imprisonment or death

The person poses a credible danger to the public

The individual is a repeat or habitual offender

There is credible risk of tampering with witnesses or destroying evidence

It is essential to build a solid defense strategy tailored to the facts of the case, supported by evidence and compliance assurances. Proactive legal counsel during this phase can make a crucial difference in the outcome.