The right to counsel does not extend to misdemeanor cases. The detention decision requires probable cause, while the trial decision requires reasonable suspicion. The detention decision requires reasonable suspicion, while the trial decision requires probable cause. Both decisions require reasonable suspicion only. Both decisions require probable cause, but less probable cause is needed to justify the detention decision than is necessary to justify the trial decision.
Detention can last for considerable periods.
Pretrial detention is one of the factors contributing significantly to the jail overcrowding problem. Under the Constitution, pretrial detention may never exceed 90 days. I, II, III, IV b. I, IV d. III 28. Prosecutors transfer some cases to other courts or out of the criminal justice system.