The insufficient technological infrastructure and knowledge of Criminal courts have led to a delay of justice during this pandemic. No matter the tough circumstances, courts in the country are opening up–virtual hearings and electronic filings are now popular options for parties involved in a trial. However, these come with several disadvantages when compared to in-person options.

Right to a Fair Trial: The Bill of Rights guarantees the constitutional right to a speedy trial under an impartial jury for defendants in the country. However, this law is hardly implemented as the American justice system is rooted in plea bargains and not trials.

• Huge delays in setting up trials and the fear of lengthy sentences forces defendants to accept these bargains, even if they are innocent.
• Unsurprisingly, the odds are stacked against the defendant from the very start. As a plea bargain offers the opportunity to have a quick court stay and a much shorter sentence, one tends to overlook the disadvantages.
• The biggest disadvantage is, of course, a permanent criminal record for someone innocent. During COVID-19, such a record can mean a loss in employment and housing opportunities in the worst possible times.

Loss of Privileges: Financial benefits were provided to millions of people through the Coronavirus Aid, Relief and Economic Security (CARES) Act. In the wake of the pandemic, it helped people pay back their dues, fight back losses, and start afresh.

• The initial bill passed by Congress included all citizens. However, the Small Business Administration responsible for distributing the stimulus checks excluded those on probation, parole, or under criminal indictment. Such barriers for the re-entry population have financially crippled them.

• To ensure his rights and privileges, one may opt for bail. There are city-based bail services that allow one to find the best bondsman in their city. People living in San Diego may visit https://acmebail.com/locations/san-diego/ for finding assistance with bail.
• In such economic distress, bail bonds greatly helped these individuals pay off their hefty bail amounts at only 10% of the total. The bondsmen went out of their way to fill out detailed bail applications, refer defense lawyers. Their quick actions essentially saved the re-entry population from the looming threat of the virus in overcrowded prisons.

Risk of Infection and Solutions: This December report on “COVID-19 and Criminal Justice” by the Council on Criminal Justice’s (CCJ) National Commission highlights the urgent need to decrease detained populations.

• Lack of access to hand sanitizer, masks, or gloves leads to unsanitary conditions in prisons. Not only are they largely overcrowded in most states, but these institutions also lack adequate medical facilities required should an outbreak occur.
• The CCJ called for increased emergency releases of immune-compromised individuals and other vulnerable populations. One way to achieve this is diversion programs for mentally disable detainees or those with drug abuse problems.

Moreover, access to affordable bonds can help reduce the burden on prison populations. It is important to educate undertrials about these options, rather than having them believed that paying the full Bail amount is the only possible way out. With appropriate federal support, the justice system can ensure the defendant’s pretrial rights.

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