How to Bail Your Child Out of Jail in Philadelphia
Usually the phone call comes in very early in the morning or very late at night: "My son (or daughter or nephew or niece) was down on South Street (or Columbus Boulevard or Main Street in Manayunk) and there was a fight, he or she was picked up by the police, and now he (or she) is in jail. How can I get him (or her) out?"
The short answer is that it is a two step process. First, you go to the basement of the Criminal Justice Center in Center City with sufficient cash to post bail for your loved one. If you have an attorney, he or she will meet you there. Second, after a brief hearing is held, and bail is posted, you travel to the particular police district headquarters where he or she is being held, and your loved one will be released to you.
The Criminal Justice Center (or "CJC" in court lingo) is catty-corner from Philadelphia City Hall, and next to the Masonic Temple, at the corner of Filbert and 13th Streets. It is a modern, pink sandstone building completed in 1995, and there is a large (and expensive) parking garage next door. It is in the basement of the CJC that the Preliminary Arraignment Court operates 24 hours a day, 365 days a year. Your loved one will usually have his or her Preliminary Arraignment between 16 and 24 hours after arrest, although your lawyer will be able to give you a more precise answer. The Preliminary Arraignment is where the defendant is formally informed of the charges against him or her, and when bail is set. No plea is entered, no evidence is heard. A Bail Commissioner, not a judge, is the presiding judicial officer. In fact, your loved one is not even present in the courtroom, but rather participates via close-circuit television from the police district where he or she is being held.
Unless he or she is charged with murder, your son or daughter has the right to bail. The amount of bail, and the conditions of release, are determined by the Bail Commissioner. These determinations are based on the seriousness of the charges, your loved one's criminal history, his or her ties to the community, and record of attendance at previous court hearings, if any. If your loved one has not retained an attorney, the public defender assigned to the Preliminary Arraignment Court will make these arguments for him or her. The Bail Commissioner's decision can be appealed immediately to a Municipal Court judge.
Typically, bail is set at a certain dollar amount, and 10% of that amount must be paid in cash before the defendant can be released. You pay that cash amount at the cashier's office, also located in the CJC basement. Once you post bail, you can go to the police district where your child (or nephew or niece) is being held, and they will be released to you.
Depending on the nature of the charges, the next hearing will take place in 3 to 10 days for more serious cases, and in 20 days for less serious cases. This is the time to call a lawyer, if you have not already done so, or to contact the Public Defender's Office.
But for now, your loved one is safe at home with you.
