What Does a Magistrate or Other Issuing Authority Consider when Setting Bail in Philadelphia?
If you've been charged with a crime in Philadelphia, one of the most critical decisions you'll face is whether or not you can be released on bail. Bail is a sum of money that you pay to the court as a guarantee that you'll show up for future court appearances. But how is the amount of bail determined in Philadelphia? In this blog, we'll explain what a magistrate or other issuing authority considers when setting bail in Pennsylvania.
Severity of the Crime
One of the most significant factors that a magistrate or other issuing authority considers when setting bail in Philadelphia is the severity of the crime you've been charged with. More serious crimes, such as violent crimes or drug offenses, may result in a higher bail amount or no bail at all. This is because the court wants to ensure that you show up for trial and that you're not a danger to the community.
In Philadelphia, there are certain offenses that are considered non-bailable, meaning that a defendant is not eligible for bail. These include offenses that carry a potential life sentence, such as first-degree murder. For other serious offenses, such as rape or kidnapping, the court may set a high bail amount to ensure that the defendant appears in court and to protect the community from potential harm.
It's important to understand that the severity of the crime you've been charged with will play a significant role in the bail amount set by the court.
Flight Risk
Another factor that a magistrate or other issuing authority considers when setting bail in Philadelphia is whether or not you're a flight risk. If you have a history of missing court appearances or if you're considered a flight risk, the court may set a higher bail amount or deny bail altogether. The court will also consider your ties to the community, such as family, employment, and property ownership.
If the court determines that you're a flight risk, they may require you to surrender your passport or impose travel restrictions as a condition of your release on bail. The court may also require you to check in regularly with a probation officer or electronic monitoring system to ensure that you remain in the area.
Conversely, if you have strong ties to the community, such as a long-standing job or family in the area, the court may view you as less of a flight risk and set a lower bail amount. It's important to work with a criminal defense lawyer who can advocate for your release on bail and present evidence of your ties to the community.
Criminal History
Your criminal history is another important factor that the court will consider when setting bail in Pennsylvania. If you have a history of criminal convictions or arrests, the court may view you as a greater risk and set a higher bail amount. On the other hand, if you have no criminal history, the court may set a lower bail amount or release you on your own recognizance (ROR).
It's important to note that in Philadelphia, even if you have a criminal record, the court cannot deny you bail solely on that basis. Instead, the court will consider the severity and nature of the past offenses, as well as how recent they are. If you have a prior conviction for a similar offense or if you have a history of violating court orders, the court may view you as a greater risk and set a higher bail amount.
However, if your criminal record is limited or the prior offenses are not directly related to the current charge, the court may set a lower bail amount or release you on your own recognizance. A skilled criminal defense attorney can work to present mitigating factors and argue for a lower bail amount based on your unique circumstances.
Financial Resources
The court will also consider your financial resources when setting bail in Philadelphia. If you have a steady income or substantial assets, the court may set a higher bail amount. If you're unable to afford the bail amount, the court may lower it or release you on your own recognizance. It's important to note that the court cannot set bail at an amount that's excessive or unreasonable.
Public Safety
Finally, the court will consider public safety when setting bail in Philadelphia. If the court believes that you're a danger to yourself or others, they may deny bail altogether. Similarly, if the court believes that releasing you on bail would pose a threat to public safety, they may set a higher bail amount or deny bail altogether.
In cases where the defendant is facing charges for a violent offense or has a history of violent behavior, the court may impose additional conditions of release, such as requiring the defendant to attend counseling or stay away from certain individuals or locations. If the court believes that you pose a danger to others, they may require you to wear a GPS monitoring device or impose a curfew as condition of your release.
It's important to understand that the court's primary concern is to protect public safety, and if they believe that releasing you on bail would pose a significant risk, they may deny bail altogether. A skilled criminal defense lawyer can work to present mitigating factors and argue for a reasonable bail amount based on your unique circumstances.
Contact the Experienced Criminal Law Team at Szanto Law
If you've been charged with a crime in Philadelphia, the amount of bail you'll need to pay is an important consideration. A magistrate or other issuing authority will consider several factors when setting your bail amount, including the severity of the crime, flight risk, criminal history, financial resources, and public safety. If you're unsure about the bail process or need assistance in securing bail, it's crucial to speak to a criminal defense lawyer in Philadelphia as soon as possible.
