In Pennsylvania, bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or in court the reasons for that determination. A defendant may be admitted to bail on any day and at any time.
According to Pennsylvania law, to determine whether to release a defendant, and what conditions, if any, to impose, the bail authority shall consider all available information as that information is relevant to the defendant’s appearance or nonappearance at subsequent proceedings, or compliance or noncompliance with the conditions of the bail bond, including information about:
(1) the nature of the offense charged and any mitigating or aggravating factors that may bear upon the likelihood of conviction and possible penalty;
(2) the defendant’s employment status and history, and financial condition;
(3) the nature of the defendant’s family relationships;
(4) the length and nature of the defendant’s residence in the community, and any past residences;
(5) the defendant’s age, character, reputation, mental condition, and whether addicted to alcohol or drugs;
(6) if the defendant has previously been released on bail, whether he or she appeared as required and complied with the conditions of the bail bond;
(7) whether the defendant has any record of flight to avoid arrest or prosecution, or of escape or attempted escape;
(8) the defendant’s prior criminal record;
(9) any use of false identification; and\
(10) any other factors relevant to whether the defendant will appear as required and comply with the conditions of the bail bond.
In Pennsylvania the bail authority, after considering the release criteria above, shall determine the type or combination of types of release on bail reasonably necessary, in the bail authority’s discretion, to ensure that the defendant will appear at all subsequent proceedings and comply with the conditions of the bail bond.
The types of release on bail are:
(1) Release On Recognizance (ROR): Release conditioned only upon the defendant’s written agreement to appear when required and to comply with the conditions of the bail bond.
(2) Release on Nonmonetary Conditions: Release conditioned upon the defendant’s agreement to comply with any nonmonetary conditions, as set forth in the Rules, which the bail authority determines are reasonably necessary to ensure the defendant’s appearance and compliance with the conditions of the bail bond.
(3) Release on Unsecured Bail Bond: Release conditioned upon the defendant’s written agreement to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply with the conditions of the bail bond. No money or other form of security is deposited.
(4) Release on Nominal Bail: Release conditioned upon the defendant’s depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant’s release, such as $1.00, and the agreement of a designated person, organization, or bail agency to act as surety for the defendant.
(5) Release on a Monetary Condition: Release conditioned upon the defendant’s compliance with a monetary condition imposed pursuant to Rules . The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant’s appearance and compliance with the conditions of the bail bond.
If you or a family member has been arrested or facing criminal charges, contact the attorneys at Washington & Washington to schedule a free consultation to confidentially discuss your charges. There are specific actions and arguments that must be taken to challenge the prosecution and reduce your bail. Call and speak with an attorney 24 hours a day by dialing the toll free telephone number (800) 988-0158.