What to Know About Bail if You’re Charged with a Crime in Pennsylvania
Our criminal defense law firm receives calls everyday from a person charged with a crime in Pennsylvania and New Jersey. In many situations, there is a warrant for the person’s arrest and our law firm needs to coordinate a surrender with local authorities. One of the first questions that we have to answer is about bail. No person wants to stay in jail pending the outcome of his or her case so the issue of bail is incredibly important!
Bail is obviously a major concern for someone facing criminal allegations because it will determine whether he can remain out of custody pending trial. Your criminal defense attorney needs to be ready with a bail argument regardless of the charge but bail is sometimes the highest in drug and gun cases along with crimes of violence.
Who is entitled to bail in Pennsylvania?
With exception to those charged with capital offense (i.e. 1st Murder) or those facing life sentence, everyone charged with a crime entitled to bail in Pennsylvania.
Bail is right is guaranteed by the 8th Amendment to the United States Constitution as well as Article I, Section 14 of the Pennsylvania Constitution. Bail is cash or the cash equivalent used as security to ensure that a person who is released pending trial will appear at all future court proceedings and also comply with any other conditions the court may impose.
What is the purpose of bail?
Some people believe that bail is meant to punish someone but it’s not. Remember that everyone is innocent until proven guilty—there is a presumption of innocence! The primary purpose of bail is to secure a person’s presence at trial and to protect society from an alleged dangerous individual. The Pennsylvania and the United States Constitution prohibit a state or the federal government from imposing an excessive amount of bail.
Bail is set after a person is charged with a crime and well before trial. This is the main reason why bail is so important because if, you’re unable to post bail, he or she will have to remain in jail.
What factors will a court use to determine bail in Pennsylvania?
Prior to setting bail, the bail authority (usually a judge or bail commissioner will listen to arguments from the defense and prosecution based on the following factors:
- The nature of the offense and any mitigation or aggravation regarding it
- The defendant’s employment history and financial condition
- The defendant’s family relationships (i.e. children)
- The length and nature of the defendant’s residence in the community and past residence
- The defendant’s age, reputation, and mental condition
- The defendant’s history regarding his or her failure to appear in the past
- The defendant’s prior criminal history
- Any other factors the court may find relevant in this analysis
Your criminal defense lawyer should argue these points at your initial bail hearing and every subsequent bail petition hearing if it remains an issue.
Our criminal defense law firm welcome the opportunity to represent your family!
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Contact Our Criminal Defense Lawyers in PA & NJ
Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
