Backed For Bail Definition Law In Philadelphia

Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-00006DR
Format:
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

A bond cannot be reduced if the prosecutor is not willing and the judge rules in their favor. However, without an attorney now, she can submit a request to the judge. It is called A Motion to Request Reduced Bond. If she is on her own, she can just write it in letter form.

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.

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.

The court will schedule a hearing after a defendant files a motion for a bond reduction. Depending on the court's schedule, it may take several days to a couple of weeks to schedule a hearing to rule on the defendant's bond reduction motion.

If you are facing criminal charges and have an upcoming bond hearing, you need to hire an attorney as soon as possible. Having an experienced lawyer by your side can be the difference between remaining in jail until your trial or being released and being reunited with your friends and family.

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.

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.

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Backed For Bail Definition Law In Philadelphia