What factors determine bail amounts set in Philadelphia criminal cases?

What Determines Bail Amounts in Philadelphia Criminal Cases?

Setting the right bail amount in criminal cases can be tricky business. If it’s too high, defendants might be unfairly detained before trial. But if it’s too low, they could skip town and never face justice. Philadelphia judges have to weigh lots of factors when deciding bail. This article explores the ins-and-outs of how bail gets set in Philly criminal courts.

The Basic Legal Standard

Pennsylvania law says bail can’t be excessive. But what does “excessive” mean? Courts look at two main things:

1. Likelihood the defendant will show up for court. If they’re a flight risk, higher bail is justified.
2. Safety of the community. Defendants who seem dangerous can get higher bail.

But even with those standards, judges have a lot of discretion. Two people charged with the same crime might get totally different bail amounts! Let’s look at some of the details judges in Philly consider when setting bail.

Severity of the Charges

Duh, right? If you’re accused of jaywalking, your bail won’t be as high as someone charged with armed robbery. The more serious the charges, the higher bail tends to be. Makes sense – higher stakes cases equal bigger flight risks.

But it’s not an automatic formula. For really serious crimes like murder, there’s often no bail at all under Pennsylvania law. And for minor charges, bail might just be a couple hundred bucks no matter what. So charge severity is a factor, but it doesn’t tell the whole story.

Criminal History

Someone with a long rap sheet will probably get higher bail than a first-time offender. Philadelphia judges can check a defendant’s criminal record to see if they have prior convictions or warrants. That shows how much of a flight or safety risk they might be. More priors = higher bail.

But there are nuances here too. Old convictions from long ago won’t matter as much as recent ones. And non-violent offenses aren’t weighed as heavily as stuff like assault or gun charges. So judges dig into the specifics of someone’s criminal history when setting appropriate bail.

Community Ties

Do they have family in Philly? Steady work? Been living at the same address for years? When defendants have strong community ties, judges often set lower bail amounts. Because if someone has a good job, house, kids enrolled in school, etc. they probably won’t skip town before their court date.

So at bail hearings, defense lawyers highlight stuff like:

• Family members in Philly who defendants live with
• A job they’ve had for awhile
• Enrolled in school or job training programs
• Roots in local religious organizations or community groups

Those kind of stability factors reassure judges worried about flight risk. And studies show community ties do make people more likely to show up for court.

Financial Resources

A $50,000 bail means something totally different to a millionaire versus someone on welfare. Under the law, bail can’t basically be “no bail” just because someone is poor and can’t afford to post bond.

So judges often ask about a defendant’s financial situation. What’s their income? Do they own property? Who could help them pay bail? Appointed lawyers also gather info on their client’s money status.

If bail seems out of reach for a defendant’s means, judges might lower it to an amount they can realistically pay. Or consider other conditions like electronic monitoring instead of cash bail. The goal is detaining dangerous defendants – not locking up random poor folks!

Input from Prosecutors and Probation Officers

Philadelphia judges don’t set bail in a vacuum. Prosecutors often recommend specific bail amounts they think are appropriate. And probation officers will share info from their investigations about stuff like:

• Defendant’s employment situation
• Their living circumstances
• Drug/alcohol issues
• Mental health history
• Results of drug tests or psychological assessments

Judges have to make their own decision – but input from prosecutors and probation officers matters. It helps them tailor bail to the defendant’s unique situation instead of some cookie-cutter amount.

Risk Assessment Tools

Finally – some Philadelphia judges are now using data-driven risk assessment tools to help with bail decisions. These are basically questionnaires and scoring systems that estimate stuff like:

• Statistical likelihood a defendant will commit another crime if released
• Their risk of not showing up for court dates
• How often people with similar backgrounds get rearrested pre-trial

So instead of just going on gut instinct, judges can plug the facts of a case into these tools to systematically analyze someone’s flight/safety risk. They’re controversial, but proponents say it reduces bias and leads to better bail outcomes.

Setting bail is an art – not a science! Philadelphia judges have to weigh lots of factors about the defendant and the charges against them. There are guidelines in the law, but still a lot of subtle judgment calls. That’s why similar cases can end up with such different bail results. It’s a tough balancing act!