Bail In Criminal Justice System In Allegheny

Category:
State:
Multi-State
County:
Allegheny
Control #:
US-00006DR
Format:
Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

In the Commonwealth of Pennsylvania, bail is set in almost all cases, including misdemeanors and felonies, except murder cases punishable with a life sentence or the death penalty. Also, a court may deny bail if that is the only possible way to make sure the defendant appears in court.

After an arrest in Pennsylvania, a criminal defendant is taken before a Magisterial District Judge (MDJ) who sets the bail amount. If the defendant pays the bail amount or uses a bail bond service, he or she will be released from jail while awaiting further developments in the case.

Rule 526 - Conditions of Bail Bond (A) In every case in which a defendant is released on bail, the conditions of the bail bond shall be that the defendant will: (1) appear at all times required until full and final disposition of the case; (2) obey all further orders of the bail authority; (3) give written notice to ...

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.

In determining the conditions of bail, the court may consider the following factors for a specific case: The nature and severity of the alleged crime and any mitigating or aggravating circumstances regarding the alleged crime. The defendant's employment history, nature of employment, and financial means.

Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.

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Bail In Criminal Justice System In Allegheny