There is a specific legal process that follows the arrest of an individual. Police officers process them at a facility by gathering biometric information and inspecting them for contraband. Prosecutors file paperwork with the courts to pursue charges against the arrested individual.
The defendant then appears in court to hear about the charges the state intends to pursue. During that preliminary hearing, a judge sets bail. Essentially, the judge determines what amount of money a defendant may need to deposit with the courts to secure their release until their trial. Some people worry that a judge may take punitive action against them at that initial hearing.
Should a bail amount set serve as a punishment for the defendant?
Bail is about security, not punishment
The point of bail is to ensure that a defendant does not leave the state or hide from the authorities to avoid prosecution. They pay a certain amount as a deposit to the courts. Typically, defendants or their family members only have to provide 10% of the bail amount set by a judge. However, they may forfeit that deposit and the remaining amount of bail if the defendant fails to show up in court.
According to recent state statistics, more than one in six criminal defendants with pending charges commit some sort of violation before their trial. Some of them commit a secondary crime, while others fail to appear as ordered by the judge.
Bail should be just high enough based on the severity of the crime and the economic circumstances of the defendant to ensure that they appear in court later. In fact, Pennsylvania law actually requires that judges consider releasing defendants on their own recognizance.
A release on recognizance means that they do not have to deposit any funds with the courts to secure their release. Instead, their prior good behavior and ties to the community serve as insurance that they intend to appear at trial as scheduled.
Judges should not use bail as an opportunity to prove a point or punish a defendant. Bail amounts should be reasonable based on the crime, the likelihood of the defendant fleeing and the risk they pose to the community.
Criminal defendants who understand how the law works in Pennsylvania are less vulnerable to misconduct by state authority figures, including police officers and judges. Discussing a recent arrest at length with a skilled legal team can help defendants know what to expect when they go to court and may lead to them having support if a judge attempts to impose an inappropriate amount of bail given their circumstances.
