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Transferring Bonds and Bail in Philadelphia Criminal Cases
Getting arrested and going through the criminal justice system is scary and confusing. As a defendant in Philadelphia, one of the first things you’ll deal with is bail—whether or not you can pay money and get released while your case goes through the courts. Bail seems simple on the outside, but there’s actually a lot of complex rules and processes behind the scenes. This article will break down how bail bonds work, how they can be transferred between courts or jurisdictions, and what your options are as a defendant.
What is Bail Exactly?
When you get arrested, the court sets an amount of money called “bail” that you can pay to get out of jail while your case moves forward. Bail is not a fine and it doesn’t mean you’re guilty. The amount is based on things like the seriousness of the alleged crime, your criminal history, flight risk, and whether you’re likely to be a danger to the community.
The point of bail is to motivate you to show up for future court hearings. If you pay the bail amount and then miss court, you lose the money. But if you show up like you’re supposed to, you get the bail money back in full at the end. Even if you’re found guilty in the end, you still get your bail back as long as you made all your court dates.
How Does the Bail Bond Process Work?
For people who can’t afford to pay the full bail amount in cash, there’s the option of going through a bail bonds agent. Here’s a quick rundown of how that works:
- – Judge sets your total bail amount (let’s say $50,000)
- – Bail bonds agent charges a nonrefundable fee, usually 10% of the total bail (in this case $5,000)
- – You pay the bonds agent their fee, and they post a “bond” with the court for the full $50,000 bail amount
- – That bond acts as a guarantee that if you miss court, the bonds agent is on the hook to pay the remaining $45,000
- – As long as you show up for court, the bond agent gets their money back at the end and keeps your $5,000 fee
So in short, a bail bond serves as insurance to the court that you won’t skip town. The bonds agent takes a risk by vouching for you, and charges a premium for that service.
One key thing to understand is that the bail bonds agent’s fee is nonrefundable, even if all charges are eventually dropped or you are found not guilty. So that 10% is money spent no matter what.
Transferring Bonds Between Courts and Jurisdictions
Here’s where things get even more complicated. What if you get arrested on new charges in a different county after already being out on bail? Or what if the case gets moved from state to federal court halfway through? In scenarios like these, the bail and bonds may need to be transferred to the new court jurisdiction.
Let’s break down the process using a hypothetical example:
- – James gets arrested for a drug crime in Philadelphia and has bail set at $100,000
- – He pays a bail bonds agent a $10,000 fee, the agent posts a bond for the full bail amount
- – A month later James gets arrested again for a related crime, this time in Montgomery County
- – The Philly case ends up getting moved to federal court for prosecution
- – James’ attorney files motions to transfer both the bail amounts and bonds over to federal court in Philadelphia
If approved, here is what would happen:
- – The $100,000 bail and bond in Philly district court is revoked and that money is returned to the original bonds agent
- – James’ bail in federal court is set, let’s say $150,000 for both cases
- – His attorney arranges for a federal bonds agent to post the new $150,000 on James’ behalf
- – The original $10,000 fee James paid is likely lost, but the details would depend on the specific bonds agents and any transfer agreements between them
So in essence, transferring bonds is a procedural step where the guarantees of appearance are moved from one court jurisdiction to another. The specific bail amounts may even change during the transfer process.
What Factors Do Judges Consider for Bail Transfers?
Judges have a lot of discretion when handling bail transfer requests. Some of the things they may consider include:
- – Flight risk if the defendant is released again
- – Danger to the community posed by the defendant
- – Whether the defendant has abided by all conditions of release so far
- – If the defendant is likely to appear for court dates in the new jurisdiction
- – Recommendations from probation officers and pretrial services
Transfers are never guaranteed though. Judges will weigh multiple factors and have to approve any changes to existing bail and bonds. There are also rules about only being allowed one transfer per case in most situations.
And if a judge decides to deny the transfer and revoke bail instead, then the defendant goes back into custody pending further court hearings. At that point, the bonds agent would get their money back, but the defendant’s prepaid fee might still be nonrefundable depending on the specific agreement.
Options for Defendants Seeking Bond Transfers
If you find yourself needing to transfer bail and bonds between different courts, here are a few options to discuss with your criminal defense lawyer:
- Request an inter-county bail transfer hearing – These hearings can approve transfers between different counties or judicial districts, both at the state level or between state and federal courts. Your lawyer files the motions and handles the process.
- File motions with federal court – Federal judges and magistrates are authorized to set bail and bonds for federal offenses. They have power to transfer state bail over to federal jurisdiction if approved.
- Ask bonds agents about transfer agreements – Some bail bonds companies, especially larger national ones, have reciprocity agreements that allow transferring bonds between affiliated agents across different regions and jurisdictions. So your existing bonds agent might be able to handle the transfer behind the scenes without you paying any additional fees.
- Shop for bonds agents willing to transfer – If your current bonds agent refuses to handle the transfer, shop around to find one that will. This may cost another fee unfortunately. But competition between agents motivates some to provide better transfer services.
- Appeal bail revocation decisions – If a judge denies your bail transfer request and orders you into custody, your lawyer can file an emergency appeal and request a hearing to argue for your release again. Higher courts have power to override lower judge rulings.
So in summary, working with an experienced criminal defense lawyer is key if you need to navigate the tricky waters of getting bail and bond transfers approved. The rules vary wildly between Pennsylvania counties and district courts, as well as between state and federal jurisdictions. An attorney familiar with the process will know all the procedural steps and legal strategies to hopefully win your transfer request.
The Bottom Line
Bail transfers add an extra layer of stress and uncertainty for defendants and families already dealing with criminal charges. There are definitely no guarantees that bond transfers will get approved. But with an experienced lawyer guiding you through the process, arguing on your behalf, and negotiating with bonds agents, transfer approvals are very possible in many cases. Don’t hesitate to explore all your options if a case transfer starts threatening your pretrial release status.
I hope this article shed some light on how bail setting, revocation, and transfers work between different courts and jurisdictions. The system is purposefully rigid, but also allows some flexibility when warranted. If you or a loved one are stuck in limbo between courts, keep your chin up and lean on your defense lawyer to fight for your release every step of the way.