When an individual is arrested in Pennsylvania, the police and the court system have a variety of options at their disposal regarding what is known as pretrial detention or bail. The options are diverse and allow for a Judge to select a bail option that satisfies two factors: (1) danger to the community and (2) risk of flight.

The Six Types of Bail

1. ROR (Release on Own Recognizance) The criminal defendant does not need to post any money or be supervised by the County's pretrial services. The defendant signs a slip of paper promising to return to Court when requested. If that individual fails to come back to Court, the Judge could issue a Bench Warrant for that individual's arrest.

2. Unsecured Bail A money amount is set but the individual does not need to post unless they fail to appear for court dates. An unsecured amount also allows pretrial services to supervise a criminal defendant and may require additional conditions (such as no contact, drug testing, surrender passport, weekly check-ins, etc.). Unsecured is probably the most common type of bail arrangement.

3. Percentage Bail An individual posts a percentage of a larger sum (usually 10% or 25%). Some Judges determine that a defendant will be more likely to appear if they have something in the system already that they would forfeit if they don't appear. However, many low-income criminal defendants cannot even post 10% of a smaller amount, so it can have a disproportionate impact on indigent individuals.

4. Straight Cash Bail Usually reserved for repeat offenders, violent offenders/charges, or higher-profile cases. In drug cases, these types of bail also semi-infrequently have what is known as Nebbia conditions which require the individual posting the cash bail to prove that the money was earned through legitimate sources.

5. Nominal Bail Usually $1 or $10 depending on the county practice. Nominal bail is common if a defendant has other things holding them in jail such as other outstanding charges, extradition, or a probation/parole detainer.

6. No Bail In Pennsylvania no bail is the default option if an individual is charged with 1st degree murder. A judge can also set no bail if they believe no combination of bail will adequately protect the community and/or ensure that the defendant appears in court.

Other Considerations

Bail Bondsman: A private bail bondsman may be able to assist you in posting bail if you cannot afford it. These individuals usually are paid flat fees which are non-refundable.

Speedy Trial Rights: In Pennsylvania, the Commonwealth has 365 days to bring someone to trial before speedy trial rights are implicated. However, if the Defendant is incarcerated pre-trial, and that incarceration is due solely to the pending case, the Commonwealth has 180 days to bring someone to trial.

DUI Bail: Generally, unless it is a 3rd DUI offense in 10 years, those alleged to have committed a DUI will receive summons in the mail rather than be subject to an immediate preliminary arraignment or pretrial incarceration.