What happens at a bail hearing could affect how you experience the rest of your case and trial. We can prepare you for what happens when the judge sets bail, so you know what to expect and what comes next. 

Bail is set during the preliminary arraignment, which happens soon after arrest. The prosecution may request a certain bail amount, which our lawyers may argue is egregiously high for the nature of the offense or your lack of a criminal record. The judge will then set the bail amount and explain the conditions of your release, warning you that if you violate any of those terms, your bail will be revoked, and you may have to pay the full amount and lose out on a refund. 

Call the Liberty Law Team’s Philadelphia criminal defense lawyers for your free case assessment at (215) 826-3314. 

What Should You Know About Bail and Bond Hearings in Philadelphia? 

We can tell you everything you need to know about an upcoming bail hearing in Philadelphia so that you are ready for any outcome. 

Purpose of the Hearing 

The purpose of bail and bond hearings is to set bail in your case. It typically occurs shortly after your arrest in Philadelphia, within 24 to 48 hours, during the preliminary arraignment. The judge decides whether or not you can be released from jail before the trial, and if so, under what conditions. 

Often, rather than attending the hearing in person, the defendant attends via video conference from jail. 

Factors Considered 

When setting bail during the preliminary arraignment, the judge will heavily consider the nature and severity of the offense. Whether this is the defendant’s first offense and whether they are a flight risk are also taken into account. 

Our criminal defense lawyers can appeal to the judge by explaining your ties to the community and your lack of a criminal record to secure a fairer bail amount that’s more affordable for you and your family. 

Conditions of Bail 

During the preliminary arraignment, when the judge sets bail, they will inform you of the conditions of your release during the trial after you post bail. The judge states the terms and the consequences of violating them: having your bail revoked. 

Common bail conditions include no-contact orders with alleged victims, travel and curfew restrictions, and regular drug and alcohol testing. We can remind you of bail conditions throughout the trial so you don’t accidentally violate them and end up spending the rest of the trial in jail. 

Paying Bail 

The type of bail set in your case dictates how you pay it after the preliminary arraignment. For example, if you are granted release on an unsecured bail bond, you don’t have to pay anything up front, but you must agree to be liable for the full amount if you violate bail conditions. If the judge sets cash bail, your family may only have to pay a 10% deposit, and you would only have to pay the remaining amount if you violate bail conditions and bail is revoked. 

What Should I Know About the Different Types of Bail in Philadelphia? 

There are several different types of bail judges can set, and our lawyers can explain them all so you are prepared for any. 

Release on Recognizance 

If the judge thinks you are not a flight risk and you are facing your first low-level offense, you may be “released on your own recognizance” (ROR). Getting ROR is less likely for more serious or subsequent offenses. 

Secured Bail 

Secured bail, or bail set at a monetary condition, is the most common type of bail for more serious or repeat offenders. The judge should also consider the defendant’s financial ability when setting cash bail, and our lawyers can advocate for you during the hearing. You can post bail by putting up only 10% of the cash bail, but you are liable for the full amount if you violate bail conditions. 

Non-Monetary Conditions 

The judge can release you on non-monetary conditions, meaning you don’t have to pay anything for your release. Still, you do have to abide by certain rules before and during the trial, making it markedly different from being released on your own recognizance. 

Unsecured Bail Bond 

Unsecured bail bonds are typically granted only to low-level or first-time offenders. While there is no upfront cost, defendants agree to pay the entire bail amount if they fail to appear or violate the conditions of release. 

Nominal Bail 

Nominal bail is an alternative to ROR when the court wants to ensure the defendant’s appearance at future court hearings. Nominal bail is a very small amount, often $1. 

FAQs About Bail and Bond Hearings in Philadelphia 

How Soon Are Bail Hearings After an Arrest? 

Bail should be set within 24 to 48 hours of an arrest in Philadelphia. 

Is the Defendant Present During the Bail Hearing? 

The defendant is present during the bail hearing, but not always in person, and may appear via video conference from the jail. Whether in person or virtually, the defendant’s presence is important. 

Does the Judge Get the Final Say During the Bail Hearing? 

The judge has the final say during the bail hearing, but they do listen to suggestions from the prosecution and the defense. 

When Can the Judge Revoke Bail? 

The judge can revoke bail if the defendant fails to appear in court or violates any conditions of their release during trial. 

Is Bail Money Refunded After the Trial? 

Bail money is partially refunded within a month of the end of a case, provided the defendant was present during all court appearances and didn’t violate bail conditions. 

Call Us for Help with Your Philadelphia Criminal Case 

Call the Liberty Law Team at (215) 826-3314 for help with your case from our Bucks County criminal defense lawyers.