Bail Without Charge In Pennsylvania
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Unsecured bail: the defendant is released after agreeing to be financially liable for a fixed amount for failing to appear in court or violating bail conditions. Nominal bail: the defendant is released after a 3rd party posts a small sum ($1.00)
An unsecured bail bond means that the defendant does not provide any sort of prior guarantee or security to the court of law; rather he/she will be held liable in case of failure to be present for court proceedings.
Typically unsecured bail is a halfway point for offenses that aren't severe enough to warrant traditional secured bail but the defendant still poses some risk of failing to show up.
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.
Collateral Requirements For the bail bond process to be successful with a secured bail bond, the defendant is required to provide collateral to secure their release. For an unsecured bond, no collateral is required, and the defendant is released based on their promise to show up for all court appearances.
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.
surety bail bond is a type of bail bond that does not require the defendant to provide collateral or a surety. The court grants nonsurety bail bonds based on trust that the defendant will commit to fulfilling their court obligations and may add certain conditions to help enforce compliance from the defendant.
Depending upon various factors such as the nature of the offense, prior criminal record, age, mental condition, employment status and financial condition the District Magistrate may impose “straight bail” or “percentage bail.” With “straight bail”, the defendant must post the entire bail amount in order to be released.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
