Articles Posted in Bail

February 20, 2019

ROR Bail

By Brian Manchester

Image of a judge's gavel.

If a judge grants ROR bail, you are free to leave jail.

One of the most common types of bail is ROR Bail, or “released on own recognizance.”

What Is ROR Bail?

What it actually is, is a promise to appear at all future court proceedings, not requiring any form of cash or property collateral like other forms of bail. There are often conditions imposed by the court that you will read about soon.

Can You Get ROR Bail?

All charges except for homicide are eligible for bail.

Whether or not you can get ROR bail from a court depends on a list of factors such as:

  • The severity of the offense.
  • Your history of prior offenses and whether you’ve made your past court hearings.
  • If you are considered a flight risk.
  • Your background check.
  • Family and ties to the community.
  • Your employment status.

Examples of criminal offenses that are commonly approved for ROR bail are:

  • DUI
  • Drug Crimes
  • Other non-violent offenses.

Overall, you must not be seen as a threat to the community and the judge is sure you will appear for court. You also must not be seen as a flight risk.

What Happens If ROR Is Granted or Denied?

If ROR is denied then you will need to post bail whether it is with cash or property as collateral.

If it is granted, you may face many stipulations such as:

  • Travel restrictions.
  • Stay-away orders.
  • Rehab classes.
  • Check in with a supervising officer.

What Happens If I Violate My ROR Bail Conditions?

Your bail will be revoked and you will be brought back to jail.

Unlike unsecured bail, there’s no monetary penalty set for a bail violation. However, by violating your bail conditions whether it is court-imposed restrictions or not appearing for a court date, you may face steeper legal penalties if convicted of what you were charged with.

What Is Next After ROR Bail?

Generally if you are granted ROR bail, the crime you are charged with is eligible for the Accelerated Rehabilitation Disposition (ARD) program. The ARD program is often where a lawyer comes in.

An experienced lawyer can successfully help you apply for ARD and have your charges dismissed or expunged after completion of the program.

Those who don’t qualify for ARD often are eligible for probation rather than jail time.

Why Bail Type ROR May Be Denied

Why ROR may be denied is for similar reasons it is granted, but with a few differences:

  • The nature of the offense.
  • Lack of ties to the community.
  • A prior criminal record.
  • Past instances of non-compliance with bail.
  • Past attempts to flee prosecution.
  • Your character.
  • Any known addictions to alcohol or drugs.
  • All other relevant factors.

What Do I Do If I Need Help With Bail?

Throughout the years, Brian Manchester and his associates have helped their clients be released on ROR bail whether it’s by getting them in touch with the best bondsman serving Pennsylvania or guiding them through the process themselves.

Posted in: Bail , Bail Process ,

December 4, 2017

Why Is The Court Requiring A Hearing On Bail?

By Brian Manchester

Bail hearing can be scheduled by either party, either by the Commonwealth or by the Defendant. Most of the time a bail here is requested by the Commonwealth because they are either asking to have the bail increased or to have the bail revoked for some alleged violation of the bail conditions. A Defendant can ask for a bail hearing to either reduce the amount of bail set, to change the type of bail set, or to remove a condition of bail.

The most common types of bail are:

ROR (released on your own recognizance): here you do not have to post any funds or property the Court is relying on your word that you are going to show up for Court when scheduled to do so in the future.

Unsecured bail: here the Court is releasing you without having to post any bail, however if you violate a bail condition you could owe the Court the amount of money that the Court set as the unsecured amount. Thus the Court is saying as long as you show up to court and do not violate any conditions we are good, however if you violate then we will come after you for the money.

Monetary bail: here the Court will not release you until after you post the amount of money that the Court sets. This can be posted either through a bail bondsman or through your own funds. In addition you could use property as collateral for the Court such as your house.

Some Courts mostly Federal, but some State Courts require what is called a Nebbia Hearing before anyone can post bail for you. This is also called a bail source hearing. The Courts request this hearing because they want you or whoever is posting your bail to prove that the funds in which you are using to post the bail are from legitimate sources and not the proceeds of illegal activity. The most frequent type of case in which these hearing are mandated is in drug related cases.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with a crime in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

Posted in: Bail , Criminal Defense Blog ,