Pretrial Services — Judicial Business 2025

In 43 percent of the cases opened, the major offense was related to immigration, up from 38 percent in 2024. Cases in which the major offense charged involved drugs accounted for 21 percent of pretrial services cases (down from 24 percent last year). Cases associated with property offenses represented 9 percent of cases opened (down from 10 percent in 2024), and cases dealing with firearms offenses represented 11 percent (down 1 percent from 2024).

Pretrial services officers prepare reports for judges to use in determining whether to order the release or detention of defendants. The reports also give judges information useful for establishing appropriate conditions for released defendants. In 2025, officers prepared 77,841 pretrial services reports (up 12 percent). Ninety-eight percent of the reports were pre-bail reports.

A total of 73,815 bail determinations were made by the courts. When immigration cases involving crimes such as illegal reentry are included, 20 percent of all defendants were released on bail. When immigration cases are excluded, the percentage of defendants released was 32 percent.

A total of 19,032 defendants were received for supervision by pretrial services (down 7 percent). The proportion of defendants in the country illegally continued to affect the number of persons received for supervision, because illegal aliens and defendants charged with immigration offenses are more likely to be detained given their higher risk of failure to appear in court. In 2025, 47 percent of defendants in pretrial services cases were illegal aliens.

For persons under pretrial services supervision, officers monitor compliance with the release conditions set by the courts, provide necessary support services (such as substance abuse treatment and location monitoring), and inform the courts and U.S. attorneys of apparent violations of release conditions. A total of 21,652 defendants were released with specified conditions in 2025. The release condition ordered most often was pretrial services supervision, which was imposed on 86 percent of defendants released, a decrease of 1 percent from last year, with this condition imposed on 7 percent fewer defendants this year.

Substance abuse treatment and testing were ordered for 38 percent of defendants, down from 39 percent last year, with 10 percent fewer defendants receiving these services than in 2024. Substance abuse testing alone (without treatment) was ordered for 16 percent of defendants, up 1 percent from the previous year.

Pretrial diversion is a period of supervision proposed by a U.S. attorney and agreed to by a defendant as an alternative to the prosecution of criminal charges in federal court. Diversion preserves prosecutorial and judicial resources for more serious criminal matters. In 2025, the number of pretrial diversions decreased 16 percent to 385.

Over the past five years, the number of pretrial services reports prepared has increased 7 percent, and the number of persons interviewed has fallen 18 percent to 42,281 (not all defendants are interviewed—defendants may decline to be interviewed, and sometimes interviews are not possible—but for each defendant, a pretrial services report is usually written).

For data on pretrial services activity, see Table 9 and the H series of tables.