Bail In Criminal Proceedings In Allegheny
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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.
In Pennsylvania, bail is set after a defendant has a bail hearing before a Judge. At the bail hearing the defendant's charges are read and the Judge will hear arguments from the District Attorney and the lawyer representing the defendant.
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.
Factors that will be considered in deciding what amount to set bail at (and whether or not to grant bail in the first place) include the following: Whether you have ties to the local community. Whether you are a flight risk. The nature and severity of the alleged crime.
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 ...
You cannot bail out anyone who has been sentenced to prison. Bail is only for pre-sentencing proceedings. Once sentenced to incarceration bail is revoked, and the defendant is taken into custody.
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.
