If you were arrested for a crime, you might be facing the potential of serious penalties. Even before penalties kick in, you may be locked up in jail. The only way to get out while charges are pending may be to make bail.
The judge sets bail at one of your earliest hearing dates. There are multiple options that the judge can choose from, including letting you go “on your own recognizance” to return to your next court date. Other security might be required to help ensure you come back to court dates, but bail can also be denied.
Call our Delaware County criminal defense lawyers at Kenny, Burns & McGill at (215) 774-5644 for a free review of your case.
What Exactly is Bail?
After being charged and arrested, you go to jail. Everyone is innocent until proven guilty, and keeping everyone locked up until trial isn’t useful. Bail is the solution.
Being “bailed out” means being released from pre-trial detention; you go free while awaiting trial. Bail is also what we call the money you pay to get released, which is required as some type of surety to make sure you come back for your court date.
If you miss a future court date, you forfeit your bail money and can be rearrested to be brought back to court.
What Charges Do You Need Bail For?
If there is no arrest, you do not need to be released at all. Some low-level offenses are handled with a citation or a traffic court summons, much like a traffic ticket would be. Without an arrest, bail is not involved.
If you are arrested and sent to jail, then the question of bail will come up. However, a monetary payment is not necessarily required for cases where the defendant is likely to come back to court.
What Are the Factors for Setting Bail?
Judges are generally allowed to consider two main factors when setting bail:
Flight Risk
Bail is there to make sure people return for their next court date(s) after being released. If there is no history of skipping court, and the defendant has ties to the area (e.g., they live and work there), then there is little reason to believe they would skip town or flee from their future court dates.
If they have a past history of skipping bail or live/work elsewhere, then maybe some surety is needed.
Danger to the Community
Bail can also be set very high or denied altogether if the defendant is a “danger to the community,” in the judge’s opinion. This is common with serious charges like murder, but it can also be used when the person’s behavior is dangerous, such as with repeat DUIs.
How Do They Pick the Bail Amount?
Bail should be set high enough to make sure the person returns to court, but it cannot be “excessive.” This often means taking into account the person’s finances, how serious the charges are, and how much they would need to pay to “feel it” if they skipped bail.
What Does “Excessive Bail” Mean?
“Excessive bail” is illegal in the United States.
8th Amendment
In the same Amendment that makes “cruel and unusual punishment” illegal, it says, “Excessive bail shall not be required.”
Meaning
The exact meaning of “excessive” has been debated over the years, but courts generally find bail “excessive” if it is more than what’s needed to make sure they come back or if bail conditions involve excessive restrictions.
Bail can be revoked altogether, but courts have ruled that does not violate the “excessive bail” restriction.
What Are Bail Conditions?
When you get released on bail, you face other conditions, aside from the requirement to come back to court. This might require check-ins with an officer, staying in the state, drug testing, and updating your address with the court.
Restrictions also include avoiding further crimes or rearrest.
When in the Process Does Bail Get Set?
Bail is decided very early, but can be modified in later bail hearings.
Arraignment
Your arraignment happens soon after your arrest. At this appearance, you are told what your charges are and asked to enter a plea (to which you typically respond, “not guilty”).
Your initial bail hearing might take place quickly at this hearing.
First Court Date
If you were released without a bail determination, the judge might re-assess bail at your first court hearing.
Later Bail Hearings
Our Havertown, PA criminal defense lawyers can also request bail hearings later if your initial bail was set too high or denied.
How Long Can They Hold You Before Bail is Decided?
Typically, bail is set at/soon after the arraignment, which usually happens within hours of your arrest in Delaware County. At the latest, they may be able to hold you for a few days before charging you/assessing bail.
What Are the Options for Bail?
Bail can come in a few different types, all of which can include different restrictions and conditions on top of these fees:
ROR (Release on Your Own Recognizance)
ROR bail is essentially free bail. If you have no flight risk or prior history of missing court dates, the court might not request a bail payment of any kind unless charges are very serious.
Cash
With cash bail, the court generally distrusts that you will come back, so they make you pay cash up front. You forfeit the cash if you do not return to future court dates, and you cannot get out of jail if you cannot afford it.
Bond
With bond, a full cash amount is set that you forfeit if you fail to return. However, you only have to pay a set percentage of it to be released. For example, 10% bond might be set on $10,000 bail, meaning you pay $1,000 to be released and pay the other $9,000 if you fail to return.
Denied
Bail can be denied altogether if you are deemed a danger to the community.
What is Bail Skipping?
Bail skipping is when you fail to return to court. It can lead to rearrest on a bench warrant and having future bail denied, now that you have a track record of failing to appear in court.
What Happens if You Violate Bail Conditions
Violating any bail conditions – such as being arrested or committing another crime – can mean having your bail revoked, being rearrested, and having a new bail hearing. That may result in a higher bail amount or having bail denied.
Even a minor, technical violation like missing a check-in can qualify as a violation.
What Do You Do if Bail is Denied?
If bail is denied, we can look for additional evidence to convince the judge you have ties to the community and are not dangerous, then request another bail hearing.
Can You Get Bail Lowered?
Yes. If your initial bail hearing went badly, we may be able to request another bail hearing and show the judge a lower amount or bond is all that is necessary, getting the cost to release you lowered.
How Long Can They Hold You if Bail is Denied?
If bail is denied, you stay in jail until your trial. In some cases, this could potentially be over a year.
Call Our Criminal Defense Lawyers in Delaware County Today
Call (215) 774-5644 for a free case review with the Ardmore, PA criminal defense lawyers at Kenny, Burns & McGill.
