Factors Judges Consider When Setting Bail in Pennsylvania

Jul 29 2025 17:20

Understanding the Purpose of Bail

In Pennsylvania, bail serves multiple purposes in the criminal justice system. Primarily, it is used to ensure that a defendant returns for trial after being released from custody and protect public safety.

Key Factors in Bail Decisions

When a judge determines bail, several critical factors are taken into consideration:

1. Severity of the Offense

The nature of the alleged crime heavily influences bail decisions. More serious offenses, such as violent crimes or firearm cases, may result in higher bail amounts or even denial of bail in some cases.

2. Defendant's Criminal History

A defendant's past convictions are heavily considered when setting bail. An individual with a lengthy or serious criminal record will be considered a higher risk for re-offending or failing to appear in court, resulting in higher bail amounts.

3. Risk of Flight

Judges assess whether a defendant poses a substantial risk of fleeing the jurisdiction or failing to appear for a hearing before trial. Factors such as the defendant’s ties to the community, employment status, and family relations are all relevant considerations. Strong community ties may support a lower bail amount, indicating a lessened flight risk. At a bail hearing, the judge will consider your past failures to appear in court (FTAs for short). The district attorney on your case will have a list of every time you've ever failed to appear and will present that information to the judge. Typically, the more FTAs or bench warrants someone has, the higher the bail.

4. Public Safety

Public safety is also considered. Judges evaluate the potential threat a defendant might pose to others or the community at large. If you've been accused of a violent crime like assault or accused of having an illegal firearm, your bail will be set higher. Non-violent crimes and low-level drug cases typically have lower bail.

Alternatives to Monetary Bail

With prison overcrowding, Courts will sometimes look for alternatives to pretrial detention in jail. These include supervised release programs, electronic monitoring (house arrest), and check-ins that provide oversight without the need for high bail.