Getting Out on Bail in Philadelphia Criminal Cases

Getting Out on Bail in Philadelphia Criminal Cases

So you got arrested in Philadelphia, and now you’re wondering how to get out on bail? Don’t worry, you’re not alone. Dealing with the criminal justice system can be confusing and scary, but getting out on bail is possible if you understand the process. This article will walk you through everything you need to know about bail in Philly so you can get out of jail and back to your life.

First Things First: What is Bail?

Bail is money or property given to the court to secure someone’s release from jail before their trial. The purpose of bail is to make sure defendants show up for their court dates. If you pay your bail and attend all your hearings, you get the money back at the end of the case. But if you miss court, you forfeit the money – so there’s a monetary incentive to not skip town.

Bail is not supposed to be used to punish people or keep them locked up just because they can’t afford to pay. That goes against the 8th Amendment’s protections against excessive bail. But the reality is that money bail systems disproportionately hurt poor defendants who can’t come up with the cash. More on that problem later.

How Bail is Set in Philadelphia

In Philly, a bail commissioner from the Pretrial Services Division decides the initial bail amount during your preliminary arraignment, which happens after you’re arrested and usually within 24 hours. They make this decision based on:

• The charges against you
• Your prior record
• Any prior failures to appear in court
• Ties to the community like family/job
• Public safety concerns

Pennsylvania law says bail can’t be excessive – it has to be reasonable based on the circumstances. But there’s no hard definition of what’s reasonable, so it varies. For minor charges with no violent history, bail may be unsecured (meaning you just promise to pay if you miss court) or as low as $500-$1000. For serious violent felonies, it can be hundreds of thousands.

The bail commissioner also has the option for releasing you on your own recognizance (ROR) without having to pay money. But ROR is rare – over 75% of defendants in Philly get monetary bail.

Once bail is set, you or your lawyer can file a motion to get the amount reduced by showing it’s unreasonably high. But you’ll likely stay locked up until a judge reviews your motion, which can take weeks.

Ways to Post Bail in Philadelphia

If you can’t afford the full bail amount, don’t panic yet. You have options for getting out without paying 100% upfront.

1. Pay a Bail Bondsman

Bail bondsmen will post your full bail to the court in exchange for a 10% nonrefundable fee. So if your bail is $1,000, you’d pay $100 to the bondsman who fronts the rest. This gets you out of jail fast, but you’re out that 10% even if the charges get dropped. Bondsmen also often require collateral like a house or car that they can seize if you miss court. So it’s risky.

2. Use a Bail Organization

Nonprofit bail funds and charities can post bail for free or for a small fee, usually 5-10% of the total amount. The Philadelphia Bail Fund is one excellent option that will bail out eligible defendants for free. Bail organizations don’t require collateral and get the money back to reuse for other cases.

3. Post 10% of the Total Bail

Since 2018, Pennsylvania law allows you to deposit just 10% of your total bail to the court instead of the full amount. So if your bail is $10,000, you’d only have to come up with $1,000. You get the money back at the end if you make your court dates. This is the most affordable option for bail without a bondsman.

4. Use Property as Collateral

For large bails, you can use real estate equity, securities, or other assets as collateral instead of cash. The court places a lien on the property until the case ends. Just beware that you could lose the home if you miss court!

5. Ask Family or Friends to Help

Many people rely on family and friends to pool money together for bail. Just make sure they know it’s a risk, because they could lose the cash if you don’t show up. Have them speak with a bondsman first about protections.

Fighting Back Against Unfair Money Bail

While bail is meant to incentivize court appearances, the reality is that it often just keeps poor people in jail pretrial while similar defendants with money walk free. Unaffordable bail ruins lives, jobs, housing, and custody rights.

Excessive bail also pressures innocent people to take plea deals so they can get out of jail, even if they didn’t do it. Over 1/3 of Philly’s jail population are people stuck pretrial who can’t afford bail. And Black and brown communities suffer the most from these inequities.

So there’s an ongoing movement to reform money bail and create a more just system. In 2017, the Philadelphia DA’s office announced new policies to seek less cash bail and promote alternatives like supervised release. Nonprofits like the Philadelphia Community Bail Fund are also working hard to post more bail and gather data proving the harm of cash bail.

There’s still a long way to go, but the tide is turning. Groups like the ACLU are even suing cities and states over unfair bail practices. Hopefully these efforts will eventually lead to fewer people being stuck in jail just because they’re poor.

Don’t Lose Hope if You Can’t Afford Bail

If you can’t come up with the money for bail, know that you still have rights. Don’t let shame or fear push you into pleading guilty just to get out faster. Talk to a public defender about bail reduction options and alternatives like house arrest.

It may take longer, but you can fight the charges from the inside and regain your freedom. Stay positive and don’t give up hope. Millions of people go through this and come out the other side, and you can too.