After being arrested for a criminal offense in Pennsylvania the first thing on your mind is likely how and when can you be released on bail. Many factors go into determining bail so it is crucial that you are aware of your rights and options. Work with an experienced York County, PA criminal defense attorney for representation and legal advice.
What is Bail?
When a person is arrested, they may be offered bail as a way to be released from detainment until their trial takes place. By paying bail they are agreeing to appear at all hearings and court dates for their trial. If the defendant meets expectations by showing up to all required hearings, the bail money will be refunded at the conclusion of the case.
However, if they fail to appear or evade the law, the money will be seized by the court. Bail can come in the form of cash, bonds, or property.
What Factors Determine if I Can Get Bail?
While bail is a viable option for many individuals arrested in Pennsylvania, it is not a guarantee. Additionally, some defendants may not be able to afford bail depending on the number it is set at.
When considering whether or not to grant bail to a defendant, a judge will consider the following factors and more.
- The nature and severity of the crime: A defendant accused of a low-level crime will likely be granted bail. However, serious offenses, especially ones violent in nature, may result in an extremely high bail amount or be denied bail altogether.
- Connection to community: Defendants who have strong ties to their community are more likely to get more affordable bail. This is because those with family or employment in the area are less likely to run away.
- Criminal history: Individuals with a history of prior arrests and convictions may not be allowed to be released on bail as they may be more likely to continue committing crimes.
- Flight risk: If the court has a reason to believe that the defendant may flee or leave the area to avoid going to trial, they may be denied bail or it may be set at a high price.
The most important things for a judge to consider when deciding whether to allow bail and what to set it at is whether or not the defendant will flee and the risk they pose to others.
When Can I Get Bail in PA?
You will have the opportunity to post bail at your first hearing, generally known as an arraignment. After being arrested and booked, you will be brought before a judge. They will inform you of the charges against you and you will enter your plea.
At the hearing, the judge will decide whether or not to offer bail depending on the factors discussed above. Talk to a lawyer for more information on your right to bail and legal options during your case.
