Philadelphia Pennsylvania Motion to Release Defendant and Set Reasonable Bond

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State:
Multi-State
County:
Philadelphia
Control #:
US-02735BG
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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 bond 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 second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

If someone is arrested without a bond, he or she will probably have to stay in jail overnight and be taken the next day to a hearing called "first appearance," where the judge will: (1) release the person on his or her promise to appear at all subsequent court appearances (called signature release, or recognizance

At most, you will likely have to spend a month or two in jail before your court date. In short, the court is required to schedule trials in a timely manner after discussing the case with prosecutors and the defense.

If you've been arrested for a felony offense, the court has 90 days to prepare and begin your trial.

Philadelphia Bail Process After an arrest of an individual, the defendant is brought before the Bail Commissioner for a preliminary arraignment. At the time, the Bail Commissioner with set bail based upon the details of the arrest and the charges pending against the defendant.

Bail should not be used to punish a defendant, or raise money for the state. Its valid use is to secure the defendant's presence at trial. The Eighth Amendment to the United States Constitution (which is binding on all states) requires that the amount of bail not be excessive.

Bail can be posted at the Criminal Justice Center at 1301 Filbert Street, in the basement level, twenty-four hours a day. During daytime hours, bail can also be posted at the Curran Fromhold Correctional Facility (CFCF) at 7901 State Road.

Bail Reduction Hearing It is often necessary to file a Petition to Modify Bail in the Court of Common Pleas in the county where the charges are filed. In most counties, the court promptly schedules a hearing on the bail petition after it is filed with the clerk of courts.

Can bail be waived? Just as a judge can raise or lower bail, he or she can decide to waive it entirely. This decision is made at the bail hearing, where it is advisable for the defendant to have an attorney representing them.

The amount of bail depends on a number of things including how serious the crime was, how strong the case is, whether the defendant has a criminal record and whether the suspect may possibly decide to flee from the police.

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Philadelphia Pennsylvania Motion to Release Defendant and Set Reasonable Bond