Bail Reduction Criminal Defense Lawyer Philadelphia
Have you been arrested on suspicion of committing a crime? After an arrest is made, and the individual is processed, a bail hearing is held by a bail commissioner. Once this hearing is finished, you will have the opportunity to post bail, in order to be released until the hearing date.
But what do you do if the bail is simply too high? Many people do not have the money available to make significant bail costs. There are options available to you. However you decide to proceed, legal counsel will be instrumental to helping you move forward. The Law Offices of Greg Prosmushkin, P.C. can advise you on the best course of action in your circumstance, and represent you at your preliminary and/or bail reduction hearing.
Preliminary Hearing vs. Bail Reduction Hearing
It is possible to address the issue of bail either at a preliminary hearing or a bail reduction hearing. However, there are factors in favor and against, both of which must be considered prior to taking any action.
Typically, a preliminary hearing is scheduled within two weeks of officers making an arrest which results in a felony charge. However, a bail reduction motion may be promptly filed, and thus lead to a more immediate court appearance to address the issue of bail. As such, most would, reasonably, be inclined to believe that a bail reduction hearing must be the best route as the fastest alternative available. However, this is not necessarily the case.
If a person requests a bail reduction hearing to be heard in the Court of Common Pleas, they will be unable to raise the issue via the preliminary hearing at the municipal court in the event they are unsuccessful at the bail reduction hearing. This is because the bail reduction motion causes the matter to be brought before a higher court first. Once this has been done, a judge in the lower court will not have jurisdiction over the issue (if confused, just remember that Common Pleas Court is a higher level than Municipal Court, and you won’t be able to move backwards). Due to this potentially negative outcome, it is often best to wait until the preliminary hearing so that, in the event the first attempt at bail reduction is unsuccessful, another attempt can still be made in a bail reduction hearing at the higher court.
Bail Reduction Considerations
Two principal factors will come into play during a judge’s consideration of whether or not to reduce bail:
- (1) The risk of flight or not appearing on the scheduled court date, and
- (2) The danger to the community
It is up to your Criminal Defense Attorney to demonstrate that you are not a flight risk, and that you pose no danger to the community. Simply by showing up to court for your bail reduction hearing and by retaining counsel you are demonstrating that you are acknowledging and participating in the process, and therefore should not be considered a flight risk. However, both factors must be considered based on the nature of the crime alongside criminal history.
Your attorney will make the best arguments possible on your behalf in order to demonstrate to the court that you should be considered for a bail reduction.
Why Do I Need a Lawyer?
As you are facing a felony charge, and will be appearing in court, whether at the preliminary hearing or bail reduction hearing, it is in your best interest to retain counsel. The Criminal Defense Attorneys with The Law Offices of Greg Prosmushkin, P.C. can represent you at both hearings and any future hearings related to the charges at hand. Call today to Schedule a Free Consultation to discuss how to get you home now, and keep you there.
This content was written on behalf of Greg Prosmushkin.