Bail Definition Under Law In Philadelphia

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

In Philadelphia, bail is a legal mechanism that allows a defendant to secure their release from custody pending trial, typically through the payment of a bail bond. The Bail Bond Agreement outlined in this document defines the terms under which an applicant (individual seeking the bond) agrees to engage a bail bonding company to secure a bail bond for a defendant. Key features of the form include obligations to pay premiums, indemnification clauses protecting the bail bonding company, and terms related to liability and surrendering the defendant if necessary. Filling out the form requires precise details regarding the applicant, defendant, and bail bonding company, emphasizing the importance of accurate information throughout the process. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in criminal defense, as it provides a structured way to manage the financial and legal responsibilities tied to bail bonds. Additionally, understanding this agreement helps legal professionals guide clients through the complexities of pre-trial release options and their implications.
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FAQ

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.

Common Bond Conditions: The Essentials to Know Mandatory Court Appearances. One of the primary conditions of being out on bond is attending all scheduled court appearances. Travel Restrictions. Maintaining a Law-Abiding Lifestyle. No Contact with Certain Individuals. Compliance with Substance Abuse Testing.

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.

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)

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.

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.

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.

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Bail Definition Under Law In Philadelphia