Most People in Local Jails Have Not Been Convicted

At midyear 2024, 68% of people in local jails were unconvicted, according to federal statistics from the Bureau of Justice Statistics (BJS). That amounted to 450,700 of the 658,700 people held in local jails on the last weekday in June 2024. That status does not mean every person was legally innocent or that every case was alike. It does underscore the importance of distinguishing pretrial detention from a sentence following conviction.

For families, the difference is practical as well as legal. A person who has not been convicted is still moving through the court process, and decisions about release, bail and the case itself may still lie ahead.

What "unconvicted" means in the federal data

BJS describes people in this group as "either awaiting court action on a current charge or being held in jail for other reasons." The category is broad. It is not a measure of guilt or innocence, and it does not explain why each person remained in custody instead of being released.

The remaining 32% of people in local jails at midyear 2024, or 208,000, had been convicted. BJS notes that jails hold people both before and after arraignment, as well as people sentenced to a year or less.

How the share has changed

The report shows the unconvicted share shifting over the past decade:

• ✱At midyear 2014, 59% of people in local jails were unconvicted.
• ✱The share peaked at 71% in 2021.
• ✱At midyear 2024, it was 68%.
• ✱The number of unconvicted people fell 3.6%, from 467,600 at midyear 2023 to 450,700 at midyear 2024, the first year-over-year decline since 2020.

These are national figures. They do not explain why the share rose or fell, and local patterns can differ widely from the national picture.

Pretrial detention versus a sentence

Pretrial detention and a sentence are different things, even when both happen in the same building. Pretrial detention generally means a person is held while a criminal case is pending, before any finding of guilt. A sentence follows a conviction, whether through a plea or a trial, and is imposed by a judge.

That distinction shapes the questions a family may want to raise with the person's lawyer:

• ✱Has a bail amount or release conditions been set, and can they be reviewed?
• ✱When is the next court date, and what is expected to happen there?
• ✱Has a lawyer been appointed, or does the person need to request one?
• ✱If there is later a conviction, how might time already spent in custody be treated?

Laws on bail, release and pretrial procedure differ by state and sometimes by county. General information cannot tell you what will happen in a specific case.

Where to get qualified help

Inmate Reviews does not provide legal advice. If someone you care about is being held before trial, these are better starting points:

• ✱A licensed criminal defense attorney in the state where the case is filed.
• ✱The local public defender's office, if the person cannot afford a lawyer. The court typically decides whether a person qualifies for appointed counsel.
• ✱The court clerk's office, for case numbers, hearing dates and public filings.
• ✱The jail's official online locator or records office, to confirm custody status and housing location.

You can browse local help for attorneys and bail bond providers in your area. Listings marked as Preferred are paid advertising, not recommendations or endorsements, so compare options and check a lawyer's license with your state bar.

What this means for families

When a loved one is held before trial, it can feel as if the outcome is already decided. The federal numbers are a reminder that most people in local jails at midyear 2024 had not been convicted, and that their cases were still unfolding.

A few habits can help: keep a written record of case numbers, court dates and the names of the people you speak with; stay in contact with the person's lawyer; and ask questions early rather than waiting. To find contact details, visiting information and family experiences for a specific jail, find a facility and read its reviews.