Philadelphia Criminal Law Blog : Philadelphia Criminal Defense Lawyer & Attorney : Peter C. Amuso Law Firm : Montgomery, Bucks, Chester, Delaware County Pennsylvania

I have written in the past about how to bail out a loved one in Philadelphia.  But wait, you say- there are many places to get into trouble outside of South Street or Manayunk.  There's an active nightlife across Montgomery County- from Conshohocken to Skippack, with Norristown and Pottstown in between.  So how do you post bail for a loved one in Montco? 

The short answer is that you go to the county prison in Eagleville to post the bail, and your loved one will be released to you there.  If, however, bail is too high for you to post, your first stop will be a bail bondsman, who will then post the bail at the county prison for you.

A preliminary arraignment happens much faster in Montgomery County then it does in Philadelphia (mainly due to the organization of the criminal justice system by each small municipality), and so you usually won't have time to drive to whatever police station before the arraignment occurs and your child is transported to the county prison.  Therefore, you will have to post bail at the county prison, a facility formally known as the Montgomery County Correctional Facility, and informally known as Eagleville, after its location.

Another major difference between bail in Montgomery County and in bail in Philadelphia, is that, at least at the preliminary arraignment, bail in Montgomery County is often set as "straight bail" or "cash" ("STBL" on the docket sheet).  This means that a person has to post the entire amount of the bail in order to be released.  In Philadelphia, only 10% has to be put down.

So what to do if your son is initially charged with an aggravated assault after a bar fight, and bail is set at $150,000?  You call a private businessman called a bail bondsman, and pay them a percentage of the bail.  This is usually 8-10% of the bail depending on the circumstances.  Based on this payment, which is non-refundable, and a stack of paperwork you fill out, the bondsman will then go and post the full amount of the bail with the county.  Your child will then be released from prison.

Any criminal defense attorney worth their salt already has a relationship with a particular bail bondsman, which should make the process smoother.

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You were out late.  Something happened.  You've been arrested.  What happens next?

In future posts I will cover this process in more detail (particularly to note the differences between Philadelphia and the counties, and between each county) here is a quick, simple roadmap of the Pennsylvania criminal justice process:

1.  Arrest: the police see you commit a crime and they apprehend you.

2.  Preliminary Arraignment (24 hours after arrest): within 24 hours (and usually much sooner) the police take you in front of a local judicial officer.  In the counties, this is a Magisterial District judge (descendent of the old justices of the peace), and you appear in front of him or her in person.  In Philadelphia, the police take you to a room with a video screen where you see a Bail Commissioner sitting in the basement of the Criminal Justice Center.  Either way, the person presiding informs you of the charges against you, and sets bail.  You will get a copy of the criminal complaint filed against you by the police, which includes a statement (the "affidavit of probable cause") that gives the police officer's version of events.  Typically, the lawyers (if they are there) do very little: you do not enter a plea, nor is evidence heard.  Unless you are facing very serious charges, or cannot afford to post bail (usually a cash payment of 10% of the bail is required), you will be released at this time with a written notice of your next hearing. 

3.  Preliminary Hearing (10 days after arrest):  Here's where your lawyer gets involved.  The preliminary hearing is usually scheduled for 10 days after your Preliminary Arraignment, although it can be held later, and can usually be postponed once by your lawyer if necessary.  At the Preliminary Hearing, the government (called the "Commonwealth" in Pennsylvania), has to show the Municipal Judge (or a Magisterial District Judge in the counties) that there is enough evidence to establish "probable cause" that you did what the police say you did.  Your lawyer will typically not put on any witnesses or provide any evidence, but he will cross-examine the Commonwealth's witnesses (typically the arresting police officer and one or two witnesses to what happened.)  The judge decides if there is enough evidence to hold your case over for trial.  If there is not, he dismisses the case (although the Commonwealth could re-arrest you once it gets additional evidence.)  If there is enough evidence, you are given written notice of your next hearing.

4.  Arraignment (60 days after arrest): Here is where you appear in front of a state trial judge (a judge of the Court of Common Pleas), and enter a plea of guilty or not guilty, although typically, the plea of not guilty is entered at this stage, as the plea can be changed later in the process. If you have not already received it, you will get a copy of the "information"- the formal charges on which you will stand trial. Typically, a timetable is set for preparation for trial (the investigation process called "discovery").

5.  Trial (6 months to a year or more after arrest): The different procedures by which Philadelphia and the counties get a case ready for trial are too many to go into detail in this post.  Suffice it to say that your trial will typically occur anywhere from a few months after your arraignment to a year.

6.  Sentencing (immediately after trial or 30 to 60 days later):  If you are convicted, depending on the charges and the judge, you may be sentenced right away, or the judge may order a pre-sentence report that will detail your background and criminal history.

7.  Appeal (30 days after final order): Your have 30 days from the final court order in your case to file an appeal.

At any point along here, a deal can be struck with the prosecution for a guilty plea, or the prosecution can withdraw the matter.  The facts of any particular case can make the process go slower or go faster, but these are the basic seven steps in a Pennsylvania criminal trial.

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