Being arrested on a warrant can be an unsettling event. Moreover, having the police knock urgently on your door and demand entry, often in the early morning hours, can not only be disturbing, but dangerous, to you and your family. The police are wary about who they may encounter and what danger they may face, and often come in force and heavily armed. People who wake up to yelling and commotion and the presence of heavily armed intruders may assume they are facing home invaders, not the police.
The Honorable Jonathan Lippman, the chief judge of New York State, focused a portion of his annual State of the Judiciary Address to the practice of holding people facing, but not yet convicted of charges in jail for long periods of time, a practice he asserted "strips our justice system of its credibility and distorts its operation." Judge Lippman's comments urged legislative reform in pretrial detention practices to increase fairness and reduce costs. Judge Lippman went so far as to submit legislation that would have shifted the legal presumption of detention to one against jail, with the burden being on the prosecution to demonstrate the defendant posed either a danger to the community or was unlikely to appear for subsequent hearings. However, this legislation has yet to gain any momentum.