Bail Without Conditions In Pennsylvania

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Multi-State
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US-00006DR
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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

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 court will announce whether the bail is “straight” (requiring deposit of the whole amount) or whether a deposit of some percentage (typically ten percent) will suffice. Even on a ten percent bond, if you fail to appear, you are liable for the full amount of the bond.

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)

Rule 527 - Nonmonetary Conditions of Release on Bail (A) When the bail authority determines that, in addition to the conditions of the bail bond required in every case pursuant to Rule 526(A), nonmonetary conditions of release on bail are necessary, the categories of nonmonetary conditions that the bail authority may ...

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.

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)

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.

Defendants out on bond are often required to remain within a certain geographic area, usually within the state or county where the case is being prosecuted. Travel outside of this area is typically prohibited unless explicitly permitted by the 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.

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 ...

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Bail Without Conditions In Pennsylvania