After an arrest is made, the court must decide whether or not a defendant is to be held in custody of the police. If a defendant is not to be allowed back out of jail, the court is likely to set an amount for bail. Bail is a monetary amount paid to the court for the release of a defendant prior to a trial. A court may choose to set a higher bail, depending on the circumstances of a person's arrest and the crime itself. Higher bail amounts can often keep a defendant in jail for much longer than necessary, which ultimately reduces their access to their attorney and other resources. If a person wishes to reduce their bail amount in Delaware County, they must file a motion with the Delaware County Court of Common Pleas, located in Media, PA.
Reducing Bail in Delaware County
When a defendant files a motion to reduce their bail amount, the court will have a number of factors to consider. A higher bail amount often means expensive bail bonds or possibly even debt. Some factors the court considers are:
- A defendant's likelihood of fleeing their case also called their "flight risk"
- The severity of the criminal charges against the defendant
- Whether or not the defendant poses a threat to the community
These factors can also play a role in the determination of the initial bail amount, as well.
Hearings to Reduce Bail in Delaware County
A defendant has the ability to file a motion with a court to reduce their bail, even under police custody. A successful filing will result in the judge considering whether or not to reduce bail. A motion filed in court may sometimes proceed to a hearing in front a judge. At this hearing, the defendant will have to argue in favor of the reduction of their bail amount. At times, the prosecutor will also be in attendance to argue against the motion. The judge will consider the strength of the argument on both sides before making a final decision.
While defendants can conduct the filing of these motions on their own, or through the services of a public defense attorney, a private attorney may be able to spare greater time and resources for a defendant. It is no secret that many cases in court, including pre-trial motions, often come down to an attorney's ability to prepare a strong argument for a judge. For this reason, a motion to reduce bail, and more may be best left to a private attorney who can provide better attention to the case. In addition to this, the earlier on an attorney is involved in a case, the more time he has to build a defense before the case is to go to court.
If you or a loved one is negotiating bail in Delaware County, contact attorney Joseph D. Lento today.