Understanding the Philadelphia Bail and Bond Process

Understanding the Philadelphia Bail and Bond Process

Getting arrested and thrown in jail can be a scary, confusing experience. And when a loved one calls you from lockup asking you to post their bail so they can get out, you probably have a ton of questions about how the heck this “bail” thing actually works.

Well, this article is here to walk you step-by-step through how bail bonds function in Philadelphia. We’ll explain everything in simple terms a high schooler could understand – no fancy lawyerese here!

What is “Bail” Exactly?

When someone gets arrested in Philly, they aren’t necessarily stuck in jail until their trial. The court may allow them to pay bail as a sort of “insurance” that they will return for their court dates rather than skipping town.

The amount of bail is set by a magistrate at a hearing shortly after the arrest. Bail can range from a couple hundred bucks to hundreds of thousands of dollars depending on the severity of the alleged crime and the defendant’s criminal history and financial resources.

How Does the Magistrate Decide Bail?

The magistrate looks at a couple key factors:

• Is the defendant likely to flee town if released?
• How dangerous/violent was the alleged crime?
• Does the defendant have a long rap sheet or is this their first offense?
• Does the defendant have a stable job and ties to the Philadelphia community?

An experienced criminal defense attorney can argue for lower bail by presenting evidence of the defendant’s community ties and lack of violence/danger to society. First-time offenders often get more bail leniency.

What Are the Different Types of Bail Bonds in Philadelphia?

There are a few options when it comes to posting bail in Philly:

Release on Own Recognizance

No bail payment required, but defendant must comply with court-ordered conditions like counseling, drug tests, curfews, etc. Skipping court dates may result in rearrest.

Unsecured Bail Bond

Defendant pays no money upfront but agrees to pay the full bail amount if they fail to appear in court. It’s like an IOU to the court.

Cash Bail

Defendant or family/friends pay the full bail amount in cash upfront. They get most of it back after the trial ends (minus court fees).

Surety Bond

This is when you get a bail bondsman involved. You pay them a nonrefundable 10% fee and they pay the remaining 90% of the bail. But if you skip court, they can come after you for the full amount!

Do I Get My Bail Money Back?

If you put up the full bail amount yourself and the defendant makes all their court appearances, you get most of it back! The court keeps a small percentage for administrative fees.

But if you use a bail bondsman, their 10% fee is nonrefundable even if the defendant complies with everything. That’s how bondsmen make their money.

What if I Can’t Afford Bail?

If the bail amount is out of reach for you and the defendant, they’ll remain in jail until their trial. The court may lower bail if their attorney successfully argues they aren’t a flight risk or danger to the community.

Being in jail pretrial can suck, but defendants may get credit for “time served” and have their eventual sentence reduced.

Can I Bail Someone Out After a Guilty Verdict?

Yes! If the defendant is filing an appeal, the court may grant bail during this waiting period. But it’s not guaranteed – judges can deny bail if they think the defendant might flee before appeal hearings.

The bail amount is also usually higher post-conviction versus pretrial.

What if the Defendant Skips Bail?

Not good! The court will confiscate the bail money and issue a warrant for the defendant’s arrest. A bondsman can even sue you to recover the full bail amount they fronted.

Skipping bail turns a minor charge into a felony in itself. Defendants face years in prison if caught.

So remind your loved one – going on the lam is NOT a smart move if you’ve put your money/freedom on the line for their bail!

We hope this bail bonds 101 lesson makes the process a bit less confusing and scary if a family member ever needs your help. The criminal justice system can be complex and intimidating, but learning your rights and options goes a long way.

Stay smart, stay calm, and hopefully you’ll never need to use this info! But if you do, you’ve got this.

[1] [2] [3] [4] [5] [6]