DALLAS — October 2, 2026 — Dallas County District Attorney write-in candidate Eric Reed today called for a clear prosecutorial policy governing bail recommendations. Reed said decisions about pretrial detention must be based on public safety, not a person’s ability to pay.
A six-year federal challenge to Dallas County’s bail system ended January 8, 2024, when the U.S. Supreme Court declined to review Daves v. Dallas County. The Fifth Circuit Court of Appeals in New Orleans held that federal courts should abstain from intervening in state bail proceedings and that changes enacted through Texas Senate Bill 6 had rendered the lawsuit moot.
“The end of a federal lawsuit does not end Dallas County’s responsibility to administer bail fairly,” Reed said. “Judges make the final decision, but prosecutors influence those decisions every day. The District Attorney must distinguish between people who present a genuine danger and those who remain in jail simply because they are poor.”
The ruling left Dallas County’s bail system primarily in the hands of state courts and local criminal-justice officials. Although judges and magistrates set bail, prosecutors make recommendations, present evidence concerning risk, request release conditions and can seek review of bail decisions.
That authority has expanded under recent Texas law. Senate Bill 9 gives prosecutors the ability to appeal certain bail decisions they consider insufficient and provides greater access to information used during bail proceedings. Texas voters also approved Proposition 3 in 2025, allowing bail to be denied for specified violent and sexual felonies when prosecutors meet the required burden of proving a risk to public safety or a defendant’s appearance in court.
“With greater authority comes greater responsibility,” Reed said. “A prosecutor seeking to keep someone in jail should be prepared to present evidence—not rely on fear, assumptions or a bond amount designed to detain someone indirectly.”
Reed said the failures demonstrate why the next district attorney must take an active role in protecting the integrity of the entire process. That means auditing the office’s cases, coordinating directly with courts and county agencies, and intervening immediately when custody records, court orders or release information conflict.
“The District Attorney does not control every part of the jail and court system, but leadership means refusing to look the other way when those systems fail,” Reed said. “The office must know what is happening in its cases and act before an administrative error becomes an unlawful detention.”
Under Reed’s leadership, the Dallas County District Attorney’s Office would require prosecutors to:
- Base recommendations on individual facts: Bail positions would reflect the alleged offense, strength of the available evidence, criminal history, risk to victims or the public, likelihood of appearing in court and ability to pay.
- Reserve detention for demonstrated risk: Prosecutors would seek denial of bail or restrictive conditions when supported by law and evidence—not use unaffordable bail as a substitute for proving that detention is necessary.
- Review detention decisions promptly: Cases involving jailed defendants would receive continuing review so that changed charges, dismissed counts, new evidence or unnecessary delays do not leave people incarcerated under outdated recommendations.
The policy would also require prosecutors to consider enforceable alternatives when they can reasonably protect victims, ensure court appearances and preserve public safety. Those alternatives could include protective orders, electronic monitoring, no-contact provisions, substance-use testing and supervised release.
In March 2026, the Dallas County jail averaged more than 95 percent of its 7,499-bed capacity. Approximately 59 percent were awaiting the filing, indictment or resolution of criminal charges. The county does not publicly identify how many remained incarcerated solely because they could not afford bail. At approximately $120 per person per day, however, every 100 people unnecessarily detained cost taxpayers about $12,000 daily and more than $4.3 million annually.
For the person detained, even a few days in jail can mean losing a job, missing rent, falling behind on bills or being unable to care for children.
Texas law requires individualized consideration of bail circumstances and directs courts to impose the least restrictive conditions necessary to ensure appearance and protect the community, law enforcement and victims.
“Money is not a reliable measure of danger,” Reed said. “A dangerous person does not become safe because that person can afford a bond, and a low-income person does not become dangerous because that person cannot. Dallas County needs a District Attorney who will bring sound judgment, verified facts and one standard of justice into every bail hearing.”
About Eric Reed for District Attorney:
Eric Reed is a Dallas trial attorney and former prosecutor with more than three decades of experience in criminal law, federal and tribal courts, and complex litigation. He is running as a write-in candidate for Dallas County District Attorney on a commitment to Promote Public Safety • Demand Fairness • Ensure Accountability.
To vote for Eric Reed, select the write-in option in the Dallas County District Attorney race and enter the name Eric Reed.
For more information, visit www.WriteinReed.com.
Media Contact:
media@writeinreed.com
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