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Home > How to Post Bail in Pennsylvania: 5 Things to Know

How to Post Bail in Pennsylvania: 5 Things to Know

Pennsylvania gives courts discretion to attach a number of conditions or stipulations to a bail agreement. These are designed to increase the likelihood that a defendant will show up for all scheduled court hearings. However, the basic bail agreement includes a number of conditions that every person released on any type of bail must follow. These conditions include appearing at all court hearings, obeying any future orders of bail authorities, giving at least 48 hours of any change in address, not harming or harassing any witness or victim and refraining from any criminal activity.

If you are arrested in Pennsylvania, here are 5 additional things you should know about getting bail.

1.  4 Ways to Get Out of Jail

Release on non-monetary conditions– The goal in Pennsylvania is a release on recognizance or the fewest conditions - monetary or non-monetary, that will ensure the defendant's appearance at all court hearings. Non-monetary conditions could restrict who the defendant sees, limit travel or require the defendant to stay away from witnesses or the victim in his or her case.

Release on monetary conditions– If the court decides the defendant's prior record or connection to the community is tenuous, monetary conditions may be added to the release from jail. The law says this should only be enough money to give the defendant motivation to return to court and not so much as to make it virtually impossible for the defendant to meet the conditions of release.

Release on unsecured bond- This is similar to an ROR release in that no security - no money - is required for the defendant to leave jail. However, bail is determined and the defendant signs a bond agreement that only becomes effective if he or she does not show up for all scheduled court hearings.

Release on nominal bail– This can involve a bail bond company, but the bail amount can be set as low as $1. That may not seem like much motivation for a defendant to return to court, but violation of a bail agreement - no matter how much money is involved - is a separate crime in Pennsylvania. That means if the defendant choose to violate the bail conditions, he or she will not only be prosecuted on the original offense but also for the second crime of failure to appear. up a piece of property to secure bail is a way to save money that can  spent on a lawyer and other costs following an arrest. The court will only accept property that is owned free and clear of any mortgage or lien. The defendant or owner of the land must establish both its value and the amount of equity in the property. That value must be 1 ½ times greater than the amount of bail.

Release on Recognizance– Known as an ROR release, this is a favorite of defendants because there is no money involved. Instead, as long as the defendant has a clean criminal record and the offense was not a crime of violence, there’s a chance the court may decide on to release the defendant on recognizance – the promise to return for all scheduled court hearings. The help of a criminal defense attorney can be invaluable since they are familiar with the types of defendants the court usually allows to be released on ROR and can argue on behalf of the defendant.

2.   How to Get Bail

The first step is for the booking process to be completed. Once the defendant is officially in jail, the next step is to determine the amount of bail. For virtually all misdemeanors and some felonies, local jails have a schedule with preset bail amounts.  If the crime is more serious, a bail hearing must be held, usually on the next business day, depending on how early the defendant was arrested.

3.  What Will Bail Cost?

Pennsylvania set the premium that bail bond companies can charge at 10 percent. That is the main cost associated with bail – since it won’t be returned no matter how the case works out. A cash bail may cost more, but as long as the defendant meets all bail conditions, the bulk of the money is returned – minus only minor fees and court costs. With a 10 percent bond, about 60 to 70 percent of the money is returned – depending on the particular county involved.

4.  How Long Will I Stay in Jail?

Pennsylvania law requires that no one wait more than 48 hours after arrest to appear before a judge at an initial hearing. But in most cases, getting released from jail is a much quicker process. The booking process will take a couple of hours, depending on the size of the jail, and the interviews and paperwork for bail usually take no more than another couple of hours and often less, according to bail bond officials. If the crime is more serious and a bond hearing is required, a wait until the next business could be required. Arrests late at night or on the weekend could result in an overnight stay, depending on the facility.

5.  What if I Miss a Court Appearance?

In Pennsylvania, failure to appear is a separate crime and a bench warrant will be issued for the defendant’s arrest. A co-signer or bail bond agent has a 30-day period to get the defendant to return to court and argue for the bail to be reset. If that doesn’t happen, the defendant and any co-signer must come up with the entire amount of bail for either a surety bond or a 10 Percent Bond. At the same time, the defendant will eventually face charges on a second crime – failure to appear – and may not be given bail a second time.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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