When you’re arrested in Westmoreland County, a judge will decide whether you can be released before trial. The process is called a bail hearing. When you understand how judges approach these hearings, you’ll know better what to expect and how to protect your rights.
What Happens at a Bail Hearing?
Bail hearings usually happen within 24 to 48 hours after an arrest, depending on the charges. During the hearing, a judge considers whether you can be released from custody while awaiting trial. If they decide you can be released, they’ll decide under what conditions. The judge will review facts about the arrest, the charges, and your background before deciding.
The prosecution typically argues why bail should be denied or set high. They may focus on factors like how serious the charges are and whether you’re a flight risk. Your attorney can present evidence and arguments in your favor, which often include strong community ties or a lack of prior convictions.
Factors Judges Consider
Pennsylvania law gives judges several factors to weigh during a bail hearing. Generally, the court wants to know whether you are likely to appear for your hearings and whether you pose a danger to the community. If your charges are serious enough, they can deny bail altogether. Judges consider:
- The alleged crime and circumstances: Violent crimes or offenses involving firearms often result in higher bail or stricter conditions.
- Your criminal history: This includes prior arrests or convictions.
- Your ties to the community: family, employment, and residency are common ties. Strong connections can support a lower bail or release on your own recognizance.
- Whether you’re a flight risk; If the judge believes you may not appear for future court dates, bail is likely to be set higher.
- Potential danger to the public: Any indication that you may commit new crimes while out on bail can negatively influence the judge’s decision.
Judges can impose specific conditions if they feel it’s necessary. They could release you on bail, subject to electronic monitoring, surrendering a passport, or staying away from certain people or places.
Types of Bail
Bail doesn’t always mean paying money, although that’s a common misconception. Judges can usually choose from several options:
- Monetary bail: You pay a set amount. If you appear in court, the money is returned.
- Own recognizance (OR) release: You are released without paying money. You simply promise to appear at future hearings.
- Conditional release: Even if you avoid monetary bail, you must follow specific rules, like checking in with a pretrial services officer or avoiding certain locations.
In some cases, judges choose a combination of monetary and non-monetary conditions.
Challenging a Bail Decision
If you believe bail was set too high or conditions are unreasonable, your attorney can ask the court to reconsider its decision. They will file a motion to reduce bail or request a hearing to argue for different conditions. Courts may also adjust bail in certain circumstances, such as if new evidence is discovered or your personal situation changes.
Practical Tips for Bail Hearings
Being prepared can make a difference at a bail hearing. The best way to prepare is to have an experienced criminal defense attorney on your side. Here are some additional tips to work toward a positive result:
- Bring proof of your ties to the community, like employment verification or a lease agreement.
- Prepare letters of support from family or employers.
- Dress professionally and be respectful. First impressions can influence how the judge views your reliability.
- Listen carefully to the prosecution’s arguments, but let your lawyer do the talking. Your attorney can respond directly.
- If you’re released, follow all the conditions you receive. Violating them can result in bail revocation.
Discuss Your Case With a Knowledgeable Westmoreland Criminal Defense Attorney
If you’re facing a bail hearing in Westmoreland County, Andrew F. Skala, Esquire, can guide you through the process. Contact our law firm to discuss your situation and get advice tailored to your case.