Bail And Bond In Crpc In Pennsylvania

Category:
State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement

Form popularity

FAQ

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

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.

And while some will tell you that you can't remain anonymous, the short answer is actually yes, you can. (But with one major consideration.) The Court is going to need a name and person to return the bond to once the court date has been successfully completed.

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.

No, bail is for people awaiting sentencing. Until that time you are innocent and bail is just a way to guarantee that you will go to court. After sentencing you are being detained as punishment and you must complete your sentence.

Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation. When someone is arrested, they have a first appearance soon after.

Typically after sentencing, the case is done. In some cases, the defendant may choose to appeal the judge or jury's decision, or even the sentence. There are strict deadlines for appealing. After a defendant serves a sentence, in some cases, they may be able to "clean their record".

You can negotiate for lower criminal penalties during a plea negotiation. Your attorney can argue for a reduced sentence during the sentencing hearing. After conviction, you can file a motion to reconsider your sentence or get an early release with good behavior.

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.

More info

In Pennsylvania, bail is set after a defendant has a bail hearing before a Judge. Counsel for defendant or the titled property owner(s) must file a certified copy of the bail bond with the.Bail is accepted during office hours ( am to pm). It is suggested that you arrive at least one half hour prior to the office closing. The office is always open, including holidays. Bail must be paid in cash, and the person posting the bail must provide a valid form of identification. Bail can be described as an amount of money that a defendant must post before they can be released from custody while awaiting trial. §§ 5741-5749, or of a surety company authorized to do business in the Commonwealth of Pennsylvania. To post a Monetary bond, straight or percentage cash, you must appear in the Clerk of Courts Office in person no later than pm. Bail may be posted at the Clerk of Courts Office for cases at the Court of Common Pleas from AM to PM Monday through Friday.

Trusted and secure by over 3 million people of the world’s leading companies

Bail And Bond In Crpc In Pennsylvania