Who typically bears the burden of proof in a pretrial release hearing?

In a pretrial release hearing, the burden of proof typically lies with the prosecution. This means that the prosecution is responsible for demonstrating that the defendant should not be granted pretrial release based on specific factors, such as the risk of flight, danger to the community, or likelihood of reoffending. This requirement is rooted in the principle that a defendant is presumed innocent until proven guilty, and therefore, it is up to the state or government to justify the denial of release.

The prosecution must present sufficient evidence to support its argument for keeping the defendant in custody, while the defense may present counterarguments to advocate for the defendant's release. Because the legal system aims to protect individual liberties, the prosecution must meet this burden to justify any restrictions on a person's freedom prior to trial.