Criminal Defense Lawyers

Understanding the Philadelphia Booking and Bail Process

Getting arrested sucks. Let’s be real – no one wants to end up in jail. But hey, stuff happens. And if you find yourself getting booked in Philadelphia, it helps to know what to expect. This article will walk you through the booking and bail process so you can be prepared.

The Booking Process

After getting arrested, the police will bring you to one of their district stations. This is where the whole booking process starts.

First, they’ll take your personal belongings and any evidence. Then you’ll have to change into a prison jumpsuit – not exactly high fashion. The cops will take your mugshot and fingerprints too. Smile for the camera!

Next comes the actual booking. The officers will ask you a bunch of questions about your identity, employment, health issues, and criminal history. They’ll also do a records check to see if you have any outstanding warrants or prior convictions.

The police will search you again to make sure you don’t have anything illegal on you. For dudes, this means dropping your drawers and bending over – super fun. The cops might even do a body cavity search if they think you’re hiding something inside your body. Let’s hope it doesn’t come to that.

If you need medication or medical care, now’s the time to speak up. The last thing you want is to get sick while locked up. After the questioning and searches are done, you’ll be fingerprinted and photographed again. The police keep these booking records on file.

Once booked, you’ll be placed in a holding cell until your arraignment. This is when you first go before a judge to hear the charges against you. Philadelphia aims to arraign people within 24 hours of the arrest. But if you get booked on a Friday night, you may have to wait until Monday morning.

Understanding Bail in Philly

After getting booked, the next step is bail. Unless the charges are dropped, you’ll have to pay bail to get released until your trial. Here’s how bail works in Philly:

• The judge sets your bail amount based on the charges against you. The more serious the charges, the higher the bail.
• For minor offenses, you may get released on your own recognizance – no bail required. But don’t count on it.
• Bail can be paid in cash or through a bail bondsman. With a bondsman, you pay 10% of the bail amount as a non-refundable fee.
• If you can’t afford to pay bail, you’ll remain in jail until your trial. This sucks because you’re presumed innocent until proven guilty!
• Low income defendants can ask for bail to be reduced or eliminated. But public defenders are overloaded, so don’t expect miracles.
• Being stuck in jail pretrial can cost you your job, housing, and custody of your kids. It really disrupts your whole life.
• The average bail in Philadelphia is around $45,000. For serious felonies, it can be hundreds of thousands of dollars or more.
• About 25% of people in Philadelphia jails are locked up pretrial because they can’t afford bail. Most of them are low income minorities.
• Philly D.A. Larry Krasner has worked to reduce cash bail requirements and pretrial detention. But progress is slow.

The bottom line? Bail creates a two-tiered system. If you’re rich, you can buy your freedom. If you’re poor, you’re stuck behind bars even if you’re innocent. It’s not fair, but that’s how it works.

What Happens After Bail is Posted?

Let’s say you or a loved one pays your bail amount. Here’s the deal:

• The court will return 90% of the bail money after your case concludes – even if you’re convicted. The other 10% goes to administrative fees.
• If you miss a court date or violate release conditions, the court keeps your bail money. So don’t screw up!
• Most conditions for bail release include things like staying in the state, no new crimes, mandatory drug testing, etc.
• Pretrial services will monitor and supervise your release. Expect random check-ins and drug tests.
• You’ll be required to attend all court dates until your criminal case is resolved. This can take months or even years.
• If you get rearrested or violate release conditions, the judge can revoke your bail and send you back to jail.
• Being out on bail does not mean your case is over. You still have to deal with the charges and criminal proceedings.
• Having a good criminal defense lawyer helps get bail reduced and fight the charges. Public defenders are free but totally overloaded.

The takeaway? Getting released on bail is not freedom. It comes with strict conditions you must follow pending trial. Break the rules and you’re heading back to jail.

Options for Low Income Defendants

Let’s be real – the deck is stacked against poor people in Philly’s criminal justice system. But there are some options if you can’t afford cash bail:

• Request reduced bail – Ask the judge to lower bail to an amount you can pay. Public defenders can file a motion arguing excessive bail violates your rights. No guarantees, but it’s worth a try.
• Bail bonds – If you can scrape together 10% of the bail amount, a bondsman will post the rest in exchange for a fee. You don’t get the money back though.
• Pre-trial release programs – Some nonprofit groups like The Philadelphia Bail Fund will post small bails for low income defendants free of charge. There are eligibility requirements to qualify.
• Electronic monitoring – For minor charges, the court may release you with an ankle monitor instead of cash bail. This lets you go home but under strict supervision.
• Community bail funds – Grassroots groups are pooling donations into revolving bail funds to help individuals make bail and fight their cases. But availability is limited.
• Request a bail hearing – In some cases, you can motion the court to schedule a special hearing just on bail. Your lawyer presents arguments for release without cash bail.
• Sue over excessive bail – Constitutional challenges to cash bail are gaining steam across the country. But lawsuits take time – you’ll likely do some jail time first.

The reality is – if you’re broke, the odds are stacked against you making bail in Philadelphia. The system needs major reform. But with some luck and legal maneuvering, freedom before trial may still be possible. Don’t lose hope!

Takeaways: Navigating the Booking and Bail Process

Getting arrested and locked up is scary and overwhelming. But going in with some knowledge helps. Here are the key takeaways:

• Booking involves fingerprinting, searches, medical screening and records checks. It can take 4-6 hours.
• Arraignment is when you first appear before a judge and hear the charges. It should happen within 24 hours of arrest.
• The judge sets bail based on the charges. Serious crimes mean sky-high bail. Minor crimes can still have bail in the thousands.
• About 25% of people in Philly jails are stuck pretrial because they can’t afford bail. This disproportionately impacts minorities.
• To get released you must pay the full bail amount in cash or use a bail bondsman for 10%. Either way, you only get 90% back.
• If you can’t pay bail, you stay in jail until your trial is over, even if you’re never convicted! This can take months or years.
• Public defenders can try to get bail reduced or waived for low income defendants. But the process is slow.
• Bail release comes with strict supervision. Any violations mean bail gets revoked and you’re back in jail.
• Having an experienced criminal lawyer helps navigate the booking and bail process. Don’t rely on just a public defender.

The criminal justice system is scary, confusing, and unfair – especially when you’re poor. But staying calm, knowing your rights, and having strong legal counsel gives you the best shot at getting through booking and bail in one piece. Stay strong and don’t give up hope!