Bail Hearings: What Happens and Why It Helps To Have a Private Lawyer At Your Hearing

So you or someone you know is arrested and charged with a crime in Pennsylvania, now what? What happens next is a bail hearing and this is the basic procedure. After a person is picked up after being charged with a crime (in Philadelphia County), they are either held at a police district or the “Roundhouse” (at 8th and Race Street). The criminal defendants are then processed where they are fingerprinted and interviewed for personal information (name, date of birth, home address, work information, and close relatives). These facts are gathered so that they can be used for your benefit at the bail hearing.

After that, the defendant’s name is put on the general bail arraignment list and eventually they come up for a hearing. Normally, all of this takes around 8-15 hours, but on the weekend it can be over 24 hours because more people are arrested and they still only use one Commissioner.

Who Attends a Bail Hearing? Understanding the Roles

At the bail hearing there is a Bail Commissioner (who is not a judge), a District Attorney representative (usually not an attorney), and an attorney representing the defendant (either the Public Defender or a private attorney if they have been hired already). This is done in the basement of the Criminal Justice Center although the defendant is not present, but instead is on camera from the specific police district or the Roundhouse.

How Is Bail Set? Criteria and Guidelines in Pennsylvania

The DA’s representative reads in the criminal accusations and their request for bail — ranging from ROR (released on recognizance and no requirement to post any bail) to a dollar amount (where 10% must be posted, e.g., $5000 on $50,000 bail) to “no bail” in murder cases. There are bail guidelines (based on the severity of the charges) for the Commissioner to consider and two main criteria: danger to the community and the likelihood that the defendant will show up for court (i.e., is he or she a flight risk?). Let Mark D Hauser represent you as your Bucks County criminal defense lawyer.

Factors That Influence Bail Decisions in Pennsylvania

Factors that influence these criteria include: The grading of the crime (ranging from a Felony in the First Degree down to a Misdemeanor in the Third Degree), the seriousness of the specific facts, any evidence stated, the defendant’s criminal history (including convictions, arrests, and any failure to show up previous court dates), and the defendant ties to Philadelphia (or other counties in Pennsylvania) such as how long they lived there, any jobs or schooling, or relatives (especially spouses and children). The defendant’s attorney then argues for what they consider to be the appropriate bail for them considering their background.

A private lawyer, unlike a public defender, will have had contact with the defendant's family and will have more information on their job, family, and general background so that he or she can make a better argument for lower bail. Plus, the hiring of a private attorney suggests to the commissioner that the defendant is taking the defense of their charges seriously and will not be a flight risk.

(The likelihood of a conviction is not technically a factor, however, a single vague accusation with one witness as opposed to detailed multiple accusations with multiple witnesses and numerous potential evidence listed could (in reality) potentially influence the bail.)

The Commissioner then makes a ruling for the defendant’s bail amount. Either side can then appeal the Commissioner’s ruling if they wish. If this happens, an on-call Judge is notified and hears the facts and arguments (an Assistant District Attorney, or ADA, now represents the Commonwealth) over the phone and makes a final ruling on the bail amount.

What Happens After Bail Is Set? The Bail Posting Process Explained

After the bail is set, the information is sent over (usually 30-60 minutes later) to the where the bail is posted (also in the basement of the Criminal Justice Center). The defendant is then allowed a phone call(s) and the defendant’s friends and relatives can now post the bail. If the bail is posted then the defendant is released (usually within hours) from wherever he is being held at that time (the Roundhouse, a police district, or a local prison such as CFCF.

For other occurrences when you need an assault lawyer in Philadelphia, contact Mark D. Hauser today.