There is so much you need to know as a defendant facing criminal charges in Bucks County, including what bail is and how it works.
In a criminal case, the judge sets bail, which the defendant must post to be released during the trial. Depending on the case, judges can deny bail altogether or release a defendant on their own recognizance without requiring any payment. In addition to helping your loved ones understand how to post bail, our lawyers can make sure you appreciate all of the conditions of your bail so that unintentional bail violations don’t end in its revocation and your remand into custody.
Call our Bucks County, PA criminal defense lawyers at (215) 774-5644 for a free case review from Kenny, Burns & McGill.
What is Bail?
Bail is money given to the court as a guarantee that the defendant will return for future court dates in exchange for their release from custody while awaiting trial and during trial.
It is part of most criminal cases, especially for repeat offenders and felony crimes.
Who Decides Bail in a Criminal Case?
The judge is the sole decision-maker on bail in a Pennsylvania criminal case. While the judge has the final say, they may listen to arguments from both the prosecution and the defense.
For example, the prosecution can, and most likely will, recommend a specific amount of bail based on the nature of the charged offense. Our Doylestown, PA criminal defense lawyers can argue for lower or no bail, and the judge will then decide.
When is Bail Set in Bucks County, PA?
Bail is discussed and set during your first court appearance after being arrested, the preliminary arraignment. This happens at the very beginning of your case and could set the tone for your experience during a trial, especially if bail is denied or too expensive for you to post.
The prosecution and defense may file formal motions to modify bail terms or amounts at any time during a case, but the judge ultimately decides whether to modify bail.
Does Everyone Get Bail in Bucks County, PA?
While all defendants want to be released on bail for the duration of their trials, not all defendants get this opportunity, as bail is not a right.
A judge might deny bail altogether, meaning no monetary amount can be posted in exchange for the defendant’s release during the trial. This generally happens when defendant is found to be a serious flight risk or a danger to the community, often for serious violent crimes.
What Factors Influence Bail Amounts in Bucks County, PA Criminal Cases?
Bail amounts vary, depending on the severity and nature of an alleged offense, the defendant’s risk to the community or risk of fleeing, and their criminal history.
Mitigating factors can also help lower bail, and our lawyers can bring them to the judge’s attention, such as your lack of a criminal record, strong ties to the community, and a stable employment history.
What Are the Different Types of Bail in Bucks County, PA?
Several types of bail can be set in a criminal case, and we can prepare you for the one that is most likely in yours.
Release on Own Recognizance
If you are released on your own recognizance at a preliminary hearing, you can leave without paying bail or following any specific conditions, provided you sign a document agreeing to attend all future court proceedings.
Unsecured Bond
With unsecured bail, a defendant can leave without paying any money upfront, but the judge sets a bond amount that the defendant must pay if they miss any scheduled court dates.
Cash Bail
When Bucks County sets monetary or cash bail, the defendant must post a specific amount to be released. If you miss a court date, you forfeit that full amount.
Bond
Instead of paying the full amount, you may be set with a bond amount. This allows you to pay a listed percentage of the bail amount, so don’t panic if bail seems too expensive at first. If you fail to appear at later court dates, you forfeit the full amount.
Non-Monetary Conditions
Regardless of how much your bail costs, you will typically face non-monetary conditions, too. These bail conditions may include things like regular drug testing, no contact with an alleged victim, and travel restrictions.
How Do You Post Bail in Bucks County, PA?
You can post bail online through the official PAePay system or in person at the Bucks County Clerk of Courts Office using cash or a certified check. We can help your loved ones post bail as soon as possible after it is set to help speed up your release.
What Are Common Bail Conditions?
In addition to posting bail, you need to follow any bail conditions that the judge sets while you are out on bail for the remainder of your criminal case.
Bail conditions vary by case, but common ones include travel restrictions, curfews, no-contact orders, electronic monitoring, regular drug testing, surrendering firearms and passports, and weekly drug or alcohol counseling.
Can You Be Arrested for Violating Bail Conditions in Bucks County, PA?
Violating bail conditions can have serious and immediate consequences for defendants facing criminal charges, including arrest.
Bail Revocation or Changes
In addition to being arrested for violating bail conditions, the judge will most likely revoke your bail. If your bail is revoked, you are taken back into custody for the remainder of your trial.
Alternatively, a judge may increase bail conditions by adding additional check-in requirements, increasing the bail amount, or putting other restrictions on your behavior.
Additional Charges
In addition to losing bail, you could face additional charges for an offense committed during the bail violation.
Forfeiting Bail
If you miss your court date, you also lose any money paid toward your release and forfeit the full amount if you paid bond on a higher bail amount.
What if You Can’t Afford Bail in Bucks County, PA?
If you can’t afford the bail set in your criminal case, our lawyers can argue for reduced bail. You may also pay bail through friends or family.
You may also consider applying for bond through a bail bondsman. This allows you to pay only a portion of the amount owed, and the bail bondman pays the rest, much like a loan.
Talk to Us About Your Bucks County, PA Criminal Case
Call (215) 774-5644 for help with your case from Kenny, Burns & McGill’s Bensalem, PA criminal defense lawyers.
