Unpacking Failure to Appear: How Pretrial Release Types and Personal Factors Influence Court Attendance in San Diego County

• In Event: Bail & Pretrial Justice Developments in Southern California

Abstract

Research is clear that pretrial hearings are a critical stage in the criminal justice process. Few studies have examined predictors of failure to appear (FTA) in court related to type of pretrial release (on recognizance, supervised release, bail). Existing research shows that salient predictors include extralegal factors like race, ethnicity, gender, and marital or financial status; yet, legal factors remain highly predictive of FTA such as type of charge and prior criminal history. Our research adds to the literature by examining what predicts failure to appear for individuals released by various pretrial mechanisms across San Diego County. Drawing upon administrative data from the San Diego Public Defender’s Office we investigate factors associated with FTA. Findings suggest an array of legal and extra-legal factors are relevant for understanding who appears in court and who does not, depending on the release mechanism. We discuss implications and directions for future research.

Authors

• Erica Redner-Vera, San Diego State University

• Tereza Trejbalova, San Diego State University

• Kimberly R. Kras, San Diego State University

• Emma Bailey, San Diego State University

• Malia A. Kohls, San Diego State University