Bail Define In Law In Philadelphia

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State:
Multi-State
County:
Philadelphia
Control #:
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

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.

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.

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.

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.

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.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

Judges ordinarily set a bail amount at a suspect's first court appearance after an arrest, which may be either a bail hearing or an arraignment. Many judges adhere to standard practices based on the seriousness of the charges. For example, a judge might set bail at $500 for a nonviolent misdemeanor.

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Bail Define In Law In Philadelphia