How Bail Is Set in Philadelphia and When It Can Be Challenged

Understanding how bail works—and how a criminal defense attorney can challenge unfair bail decisions—is critical to protecting your freedom while your case proceeds.

What Is Bail?

Bail is a promise that you’ll return to court after being released from custody. In most cases, bail involves either:

• Cash bail: You pay a set amount to the court

• Unsecured bail: You promise to pay only if you don’t appear

• ROR (Release on Recognizance): You’re released without paying, based on trust

• 10% bail: You pay 10% of the total amount set by the court

• No bail / detainer: You’re held without the option to be released (usually due to probation or parole violations)

Philadelphia has made reforms in recent years, resulting in more people being released without cash bail—but many still face significant financial hurdles.

When and How Is Bail Set in Philadelphia?

After an arrest, you’ll be brought to a bail commissioner at a preliminary arraignment, typically within 24 to 48 hours. This takes place at the Criminal Justice Center (CJC) or via video conference from jail.

The commissioner considers several factors when setting bail:

✅ The nature and seriousness of the charges
✅ Your prior criminal record
✅ Whether you’ve missed court before
✅ Your ties to the community (job, family, housing)
✅ Any history of violence or firearm offenses
✅ The risk that you may flee or pose a danger

Bail is not supposed to be used as punishment—only to make sure you return to court.

Can You Be Held Without Bail?

In certain situations, yes. You may be denied bail or given high bail if:

• You’re already on probation or parole, and a detainer is lodged

• You’re facing serious charges, such as murder, rape, or armed robbery

• You’re considered a flight risk

• You’ve missed court multiple times in the past

In these cases, your attorney can later file a motion to lift the detainer or request a bail modification hearing.

How a Criminal Defense Attorney Can Help With Bail

A skilled criminal defense lawyer can:

✅ Argue for ROR or unsecured bail
✅ Present evidence of community ties (job letters, family support)
✅ Challenge exaggerated claims by the prosecution
✅ Request a bail reduction hearing if the amount is too high
✅ Push for bail alternatives, such as electronic monitoring or house arrest

In Philadelphia, defense attorneys can often speak to the commissioner directly and advocate for a fair release plan—even at the initial hearing.

When Can Bail Be Challenged or Reduced?

You don’t have to accept the original bail decision. Your lawyer can request a bail modification hearing before a Common Pleas Court judge, especially if:

• The charges have changed (e.g., downgraded from a felony to a misdemeanor)

• Your circumstances have changed (e.g., new job, housing stability)

• The original bail was excessive compared to similar cases

• You have new evidence supporting your defense

Bail reviews typically take place within a few days to a week, and your lawyer can also request expedited review in urgent cases.

What Happens If You Can’t Afford Bail?

If you can’t afford to post bail, you’ll remain in custody until:

• Your case is resolved

• Bail is reduced

• A detainer is lifted

• You enter a plea agreement

This is why having a lawyer fight for fair bail from the beginning is so important. Even a few extra days in jail can impact your job, family, and case outcome.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you or a loved one is facing high bail or being held without release, don’t wait. With over 30 years of experience in Philadelphia courts, Mark D. Hauser knows how to fight for fair bail, challenge detainers, and push for release—so you can defend your case from the outside.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.