Nebbia And Bail Hearings
Philadelphia Bail Reduction Lawyer
Bail! What is Bail? How Does it Work in Philadelphia, PA
Almost everyone has heard the term bail in T.V. shows and movies. But few people know what bail is and the role it plays within the judicial system.
Bail has two purposes under the law:
- To ensure the defendant accused of a crime appears in court. If someone pays bail and returns to the court as directed, then the bail may be refunded. If a defendant does not return to court, then the government keeps the money.
- To protect the public. When a person is arrested, they are not yet convicted of a crime and are viewed as innocent until proven guilty under the law. They can’t be kept in jail indefinitely. Bail helps ensure that defendants who may be guilty (but not yet convicted) do not go into hiding, leave town, or possibly commit more crimes.
Although public policy attitudes towards bail have been fluctuating in recent years, many defendants in Philadelphia, PA, Bucks, Montgomery, Chester, and Delaware Counties still have bail set at what many consider to be astronomical levels.
Bail is generally set upon the arrest of a defendant. Therefore, if you know that there is a warrant out for your arrest, the best thing you can do is hire a Nebbia and bail hearings attorney in Philadelphia, PA and turn yourself in.
Hiring an attorney and turning yourself in lets the Commonwealth of Pennsylvania judicial system know that you are taking your case seriously and you are planning on appearing in court as directed by a judge. After all, you’ve already invested in your case by hiring an attorney. This also lets your attorney begin working on your case as soon as possible. One of the first things your criminal defense attorney can do is talk to the magistrate who will set your bail and argue for a lower bail or no bail at all.
If I Am Arrested, when do I Get a Bail Hearing?
Of course there are times when people aren’t able to turn themselves in, but are arrested without a lawyer. In these instances, a lawyer won’t be able to negotiate bail as part of your surrender. However, you have two options to reduce bail:
- As soon as you get an attorney, ask him or her to file a motion for an emergency bail hearing.
- Wait until the first listing of your preliminary hearing for your attorney to request reduced bail. This may require that you spend up to 14 days in jail even if pleading not guilty. This is an important decision and must be discussed with an experienced Nebbia and bail hearings attorney in Philadelphia, PA because your decision may be final.
How is Bail Set in Philadelphia, PA?
How bail is set in Philadelphia, PA depends on the severity of the crime. For non-violent misdemeanors, as well as some felonies, bail is immediately set based on a schedule.
However, for most felonies, bail will be set by a bail commissioner following a short bail hearing that takes place via video from the police district. In Philadelphia, Defendants are generally represented by an intern from the public defender’s office who cannot adequately argue bail for ever person arraigned in Philadelphia. Accordingly, it is important to have someone present to speak on your behalf. The commissioner will consider a variety of factors, including the defendant’s previous record, the severity of the crime and the likelihood that the defendant will show up for court hearings. There is a general constitutional requirement for bail, but for some very serious crimes, defendants can be held without bail.
How do Bail Bonds Work?
Bail is can be quite costly and can oftentimes, a defendant cannot pay the entire amount. In those cases a defendant can get a bail bond.
To get a bail bond, a defendant pays a bail bondsman 10% of the total amount of the set bail. So if bail is set at $10,000, then the defendant can get a bail bond for $1,000.
However, the bail bondsman will also ask for collateral in the amount of $9,000 to secure the loan. Collateral could be in the form of a car, a house, jewelry, etc. As long the defendant appears at all necessary court dates, the bail bond will be dissolved at the conclusion the case. The bail bondsman returns the collateral to the defendant but keeps the $1,000 as profit.
If the defendant doesn’t appear in court, however, the bondsman would have to pay the court the remaining $9,000 of bail. The bondsman will sell the collateral to pay the court.
What is a Nebbia Hearing? How do I get the “Nebbia” lifted in Philadelphia, PA?
A Nebbia hearing, also known as a bail source hearing, is a court procedure during which you must disclose to the courts the source of the money you are using to post bail. NEBBIA HEARINGS REQUIRE A LAWYER. The lawyer must file a Motion to Lift the Nebbia detainer and request a hearing. During Nebbia hearings, you must produce evidence showing that the assets you’re posting for bail were financed legitimately, and not from the profits of criminal conduct (such drug trafficking, theft, or fraud).
You and your Nebbia and bail hearings attorney can present various forms of evidence to show the court that your bail assets come from legitimate sources, such as:
- Testimony from people who know your finances
- Accounting documents and bank records
- Your tax returns
- Business records
- Loan documents
- Bail bond contract
Philadelphia Bail and Nebbia Lawyer in Philadelphia, PA
Troy Crichton has gotten positive results in thousands of bail hearings. Even better, Troy Crichton has also prevented many clients from ever seeing the inside of a cell by representing them pre-indictment/charging and assisting with their turn-in. Again, the best time to worry about bail is before you are even formally arrested. If you have a bail issue or Nebbia hearing, contact Troy Crichton today at (267) 225-3317.