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Another important part of the preliminary arraignment is the setting of bail which can be one of five types:
- Release on recognizance (ROR): You are released, conditioned only upon your written agreement to appear. ROR is generally granted only in cases when you and/or your family have a firm standing in the community, you are employed and have little or no record of recent wrong-doing, and/or the offense is so minor in nature that you are likely to show up for Court.
- Release on non-monetary conditions: You are released upon your agreement to comply with certain non-monetary conditions, such as having no contact with the victim of the crime.
- Release on unsecured bail bond: You are released upon your written agreement to be liable for a fixed sum of money if you fail to appear as required or fail to comply with the conditions of the bail bond.
- Release on nominal bail: You are released after depositing a nominal amount of cash such as $1 which the bail authority determines is sufficient security for your release.
- Release on monetary conditions: You are released upon compliance with a monetary condition imposed upon you with one or more combinations of the forms of security listed below. Note that the Court refunds bail money at the end of your case if you have followed all of the rules such as attending each court session as ordered and paying your fines on time.
- Cash in the full amount of bail or, in certain cases, a deposit of ten per cent (10%) of the full amount;
- Bearer bond of the U.S. Government, the Commonwealth of Pennsylvania, or any other political subdivision of the Commonwealth;
- Real estate;
- Security bond of a professional bondsperson, who are listed under Bail Bonds in the yellow pages. In this instance you pay a bond seller to post a certain amount of money with the Court and the Court keeps the bond in case you don’t appear as ordered. You can buy a bail bond for about five to ten percent (5-10%) of the amount of your bail; this fee is paid to the bondsperson for taking the risk and thus it will not be refunded to you.
If a District Justice sets a monetary condition for bail, he/she can accept payment immediately. Thereafter if you cannot secure bail, you are committed to jail as provided by law. As mentioned in the article on preliminary arraignment, it is a good idea to have an attorney present to deal with bail issues at a preliminary arraignment if you have the opportunity to make arrangments ahead of time. In many cases, this is not possible. If you do have an opportunity, call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, no-risk consultation to discuss your case.
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FAQ for Criminal Law 
