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“Cashless bail” is one of the most misleading phrases in modern politics. Reform advocates coined it, the media amplified it, and it stuck. The reality? What we provide is secured bail — a constitutionally protected, privately funded system that ensures defendants appear in court and protects the public, all without costing taxpayers a dime.
Ironically, the term “cashless” could make us sound like the good guys. We accept all forms of payment. We take the financial risk. We are legally liable for producing defendants in court. We operate 24/7 — making payroll, paying taxes, freeing the accused in an accountable way, and, when necessary, tracking fugitives so victims are protected and prosecutions move forward. Courts and judges who still have secured bail know it works, because we have skin in the game.
The New Jersey Example
In 2016, New Jersey passed the Bail Reform Act, removing the accused’s right to bail and replacing private secured bail with a taxpayer-funded pretrial release bureaucracy. Here’s what happened:
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- No right to bail – defendants can now be held without release until trial.
- Taxpayer burden – counties spend millions annually to operate pretrial programs once handled at no cost by the private sector.
- Accountability removed – bondsmen, motivated to ensure court appearances, have been pushed out.
The results were predictable. Ed Forchion, a Marine veteran and self-described “peaceful political pothead,” was held for 447 days on a witness tampering charge tied to a Facebook post — not a violent crime — without the possibility of bail. I offered the prosecutor a $2 million secured bond to secure his release. They couldn’t take it. Why? Because New Jersey no longer recognizes the right to bail.
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The costs are staggering. In 2016, the New Jersey Association of Counties sued the state because there was no funding in county budgets for this massive new mandate. Today, residents continue to pay millions each year for a system that is less accountable and less effective than what it replaced.
Where It’s Headed
Tennessee is now on track to follow New Jersey’s path and other states are considering similar changes. Once the suggested right to bail is stripped away, it’s nearly impossible to restore. The shift is always the same: from private accountability to public expense, from a proven, self-funded system to a costly government program.
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The “Cashless” Myth
Every politician who has signed onto “bail reform” gets paid whether they work or not. They don’t understand what we do because they’re chasing a funded narrative. If tomorrow’s narrative was “funeral home reform,” they’d be after multi-generation, family-owned funeral homes with the same zeal.
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The truth is simple: “cashless bail” isn’t about making the system fairer. It’s about replacing private industry with government bureaucracy — funded by you, the taxpayer.
A Better Way Forward
President Donald Trump demonstrated leadership on post-conviction reform. Now is the time to address pretrial justice reform. The Eighth Amendment suggests that the accused have the right to bail, and it’s time to defend it nationally.
The costs are staggering. In 2016, the New Jersey Association of Counties sued the state because there was no funding in county budgets for this massive new mandate.
A balanced approach is possible — one that maintains judicial discretion, protects public safety, and ensures defendants appear in court without shifting the financial burden to taxpayers. Secured bail achieves all of this.
Congress should act now to protect the bail before more states follow New Jersey’s failed example. Without action, the cost to taxpayers will climb, accountability will drop, and victims will be left waiting for justice.
We in the private bail industry are ready to work with leaders who understand the vital role of private enterprise in the criminal justice system. We are, as I like to say, the “Coal Miners of Criminal Justice” — doing the hard, unglamorous work that keeps the system running, even when the lights are off.
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