Jail or Bail?

If a loved one is arrested, the first question that must be answered is should that person stay in jail or is it better, if possible, to try to have them released? Family or friends who often get involved in that important decision are the ones who are able to arrange for the release or to decide that the individual charged should stay in jail. That individuals job and family considerations, of course, may determine that getting out of jail is best rather than languishing in jail waiting for the criminal case to continue. The way that an individual in Pennsylvania can get out of jail is to post bail. 

What is bail? Bail is an amount of cash or property that's posted as a bond designed to ensure that the accused appears at all of the court ordered hearings. If bail is posted in cash or property, that allows the accused to be released from jail to continue their responsibilities for the duration of the case against them. Unfortunately, not everyone can be permitted to post bail. Under Pennsylvania

law if someone is charged with homicide and it is potentially a life sentence or the death penalty may be imposed if that individual is convicted, then, in that case, no bail is permitted. The good news is that in most other criminal cases bail may be posted. An individual may post their own bail, but usually it requires the full amount of cash required. So if someone is charged with a crime and the bail is $10,000.00 cash bail, that means that the full $10,000.00 amount must be posted. Often the amount of bail is much higher and many individuals are unable to post the full amount of bail. Often most of the money is returned at the conclusion of the case, however, if the individual who is released on bail flees, then the money that has been posted for his or her bail is forfeited and not returned. Remember that the purpose of posting bail is to assure that the individual attends all future hearings and other court required appearances.

Many individuals do not have the full amount of money needed to post bail and obtain a bond so that the accused may be released from jail. ln that situation, there are bail bondsmen who provide a service and, for a fee, will post the necessary money required to have an individual released on bond. The money that is paid to a bail bondsman by an individual who is seeking to have bail posted and bond issued for someone who has been arrested is a fee and is not refundable. In those situations, the bail bondsman takes the risk of the individual arrested, which is sometimes a very substantial risk indeed.