Fact Check Team: Does cashless bail put people accused of murder back on the street?

President Donald Trump vowed to end “no cash bail,” arguing that the policy can put people accused of murder back on the streets within hours.

At the Republican midterm convention earlier this month, Trump said: “Somebody kills somebody and they’re out in the streets two hours later. No cash bail. We’re gonna end it.”

But the reality of cashless bail is more complicated.

Cashless bail generally refers to a pretrial system in which a defendant's release does not depend on paying money.

That does not necessarily mean a defendant is automatically released.

A judge can release someone without requiring money, impose conditions on that release, or order the person detained before trial. The National Institute of Justice says courts consider factors including whether a defendant is likely to appear in court and whether releasing the person could pose a public-safety risk.

Depending on the jurisdiction, conditions of release can include supervision, electronic monitoring, travel restrictions, drug testing or other requirements.

The answer depends on the state and the specific law.

Some jurisdictions restrict or exclude people charged with murder or other serious violent offenses from certain forms of release without money bail.

Indiana, for example, generally calls for release without money bail when an arrested person does not present a substantial risk of flight or danger to themselves or others. But the state's rule specifically excludes people charged with murder or treason from that general provision.

Other jurisdictions allow judges to consider releasing defendants without requiring cash bail, even in some serious criminal cases.

Illinois abolished cash bail under its Pretrial Fairness Act, making it the first state to explicitly prohibit the use of money in pretrial detention decisions. But the law also established a process through which judges can order defendants detained before trial when the legal requirements are met.

That means “cashless bail” does not mean that everyone accused of murder is automatically released.

In some jurisdictions, yes. But that does not mean it happens automatically — or routinely.

A September 2026 analysis by FactCheck.org found that states with cashless-bail policies can have exemptions for murder and violent felonies. It also reported that in jurisdictions where a murder defendant can legally be released without cash bail, such releases appear to be rare.

The key distinction is between cash bail and pretrial detention.

A system can eliminate or limit the use of money as a condition of release while still allowing judges to detain defendants who meet the legal standard for detention.

The specific factors vary by jurisdiction, but courts can consider issues such as:

Some jurisdictions also use risk-assessment tools as part of the pretrial process. Indiana, for example, directs courts to consider an evidence-based risk assessment along with other relevant information when evaluating flight or safety risks.

Supporters of eliminating cash bail argue that a person's ability to pay should not determine whether they remain in jail before trial. Under a money-bail system, someone who can afford bail may be able to go home while someone charged with the same offense who cannot afford it may remain detained.

Opponents argue that limiting cash bail can make it more difficult to keep certain defendants detained before trial and have raised concerns about public safety.

The debate therefore isn't simply about whether someone “pays bail” or “gets out.”

It is also about who can be detained before trial, what standards judges use to make that decision and what conditions can be imposed on people who are released.