Define Bail In Law Terms In Pennsylvania

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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

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)

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.

Release On Monetary Condition – The defendant will be released once the monetary condition is imposed. For example, if bail is set at $1,000, the entire amount must be posted before the defendant can be released.

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.

If the case facts are such that the judge decides a low bond or even the defendant's mere promise to appear and keep the peace is sufficient to secure the above interests, then a nominal bond will be set, and the defendant will be released.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

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.

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Define Bail In Law Terms In Pennsylvania