Appealing Bail and Bond Decisions in Philadelphia Criminal Court

Appealing Bail and Bond Decisions in Philly Criminal Court

So you or your loved one was arrested in Philadelphia, and the judge set a bail amount you think is crazy high? Or maybe they denied bail altogether and ordered you held without bond? That totally sucks, but don’t lose hope. You actually have options for appealing the initial bail/bond decision and trying to get it changed to something more reasonable. This article will walk you through the basic process step-by-step.

I get it – the legal system can be confusing and intimidating, especially when your freedom’s on the line. I’ll do my best to break this down into plain English so you understand your rights and next moves. Getting out of jail ASAP is usually goal #1, amirite?

The Bail/Bond Basics

First let’s quickly review what bail and bond mean.

• Bail is money defendants pay to the court to secure their release from jail before trial. Judges decide the bail amount based on stuff like the charges against you, your criminal history, if you’re a flight risk etc.
• Bond is a written guarantee that you’ll show up for future court dates. Judges can allow bond instead of bail, or bond + smaller bail amount.
• If you pay the full bail amount set by the judge and show up to all hearings, you get the money back at the end of the case. But if you use a bail bondsman, you only pay them a percentage (usually 10-15%), but don’t get that money back.

Got it? Ok, now onto appealing…

Filing for a Bail Reduction Hearing

In Philly criminal court, you can request a bail reduction hearing to ask a judge to lower your current bail amount. Filing is easy – your lawyer just needs to submit a “Motion to Reduce Bail” that explains why the amount is unreasonable based on your specific situation.

For example, they might argue the bail is higher than what’s normal for the charges against you, or that you have strong family/community ties and aren’t a flight risk. The motion should lay out clear reasons why you deserve lower bail.

The court will schedule a hearing within a few days where you (or rather, your lawyer) can plead your case. Make sure to have family, friends, employers etc. present to demonstrate your strong connections to the community. The judge may reduce bail on the spot, but sometimes needs a few days to decide.

Pro Tip: Getting character references from respected community members can really help influence the judge too. Clergy, teachers, employers – anyone to vouch that you’re responsible and will show up to court.

Trying for Release on Recognizance

If bail seems totally unreasonable for your situation, you can also argue for release on your own recognizance (ROR). This is when the judge lets you out of jail without paying any bail at all. You just promise in writing that you’ll return for your court dates.

Judges grant ROR when they’re convinced you’re not a flight risk. Having an excellent compliance record with all past court appearances helps prove you’re reliable. Bringing documentation showing you’re enrolled in school, steadily employed, seeking counseling, or taking positive steps can demonstrate you’re committed to getting your life on track.

Appealing a Bond Denial

What if the judge denied you any bond at all and ordered you held without bail? That’s another decision you can fight. File an “Emergency Motion for Bond” explaining why being held until trial causes you significant hardship and why you pose little flight risk.

Maybe you’ll lose your job, housing, or custody of your kids if stuck in jail for months? Present evidence showing the concrete harms of bond denial. Your lawyer can request an emergency hearing to reconsider granting some form of bond.

Trying for House Arrest or Electronic Monitoring

If regular bail or ROR don’t work out, consider asking for house arrest or electronic monitoring in lieu of cash bail. This means wearing an ankle monitor device while out on bond so the court can track your whereabouts 24/7.

Though it sounds intrusive, house arrest is much better than being stuck in a cell! Your lawyer would file a “Motion for House Arrest in Lieu of Bail” arguing you need freedom to keep your job, seek medical care, support family etc., but pose little flight risk with electronic monitoring safeguards.

The judge may go for it if you show being detained seriously jeopardizes major life responsibilities. Hey, anything beats jail right? An ankle bracelet ain’t so bad if it means sleeping in your own bed.

Using a Bondsman as Last Resort

If all else fails, using a bail bondsman to post bond for you is a last ditch option – but it’ll cost you. Bondsmen act as sureties who promise the court they’ll pay your full bail amount if you skip town. In exchange, you pay them a non-refundable fee, usually 10-15% of the bail amount.

So if your bail is $50,000, a bondsman would charge $5,000-$7,500 to post bond. It’s pricey, and you’d still have to follow strict rules the bondsman sets. But paying a fee sure beats sitting in jail for months fighting your case!

A Few Parting Thoughts…

Whew, that’s a lot of info right? The appeals process can definitely be complicated and frustrating, but knowing your legal options is so important. Don’t ever give up hope! With a good lawyer arguing for you, it’s very possible to get unfair bail reduced or bond terms changed.

I know waiting in jail unable to hug your kids or sleep in your own bed feels impossible. But thousands have been in your shoes before and won release while fighting their cases. You can win this fight too! Feel free to reach out if you have any other questions – happy to point you toward more great resources. Chin up friend, you got this!