If you have been arrested in Monroe County, you may need to post bail in order to avoid being held in custody until your trial. Once a Magisterial District Judge sets your bail amount, you will need to either pay in full or obtain a bail bond (or a property bond in some cases), unless the judge grants unsecured bail. If you don’t show up in court after posting bail, your bail can be forfeited, and the judge can issue a bench warrant for your arrest.
When you get arrested in Monroe County, the police can take you directly to jail. Even though you haven’t been convicted—or even seen the inside of a courtroom—the police have the authority to hold you in custody until your first court appearance, which is called your preliminary arraignment.
At your preliminary arraignment, a Magisterial District Judge will most likely set bail. This is an amount of money that you have to pay to the court in order to restore your freedom while you await trial. If you can’t afford your bail, you can ask the court for unsecured bail or a property bond, or you can obtain a bail bond from a local bail bond company.
What is a Bail Bond in Monroe County, PA?
Since most people can’t afford to pay their bail on their own, they will need to obtain a bail bond. This is somewhat similar to obtaining a loan. Instead of paying interest, you will pay a flat fee (i.e., 10% of your bail amount), and then the bail bond company will pay your bail on your behalf. As long as you do not forfeit your bail by failing to show up in court, the bail bond company will get its money back at the end of the process.
But, if you forfeit your bail, the bail bond company will seek to recover the amount it paid directly from you. During the bond application process, you will typically be required to pledge collateral to secure your bond. For example, bail bond companies often require defendants to pledge their cars as collateral. If you forfeit your bail and you don’t repay the bail bond company, it will have the right to take possession of your collateral to satisfy your debt.
How Do Judges in Monroe County Calculate Bail?
Judges in Monroe County consider several factors when calculating bail. During your preliminary arraignment, the Magisterial District Judge will seek to gather information such as:
- The specific crime (or crimes) with which you are being charged
- The strength of the prosecution’s case against you
- Your criminal record (if any)
- Your record of missing court dates in the past (if any)
- Your employment status and financial circumstances
- Your family and ties to the local community
- Whether you are likely to flee Monroe County
- Whether you are likely to pose a danger to the public
With these factors in mind, you can—and should—seek to play a proactive role in influencing the judge’s decision regarding bail. However, you also need to be very careful during your preliminary arraignment to avoid saying anything that could make it more difficult to defend yourself at trial. With this in mind, it is best to hire an experienced defense lawyer who can speak with the judge during your preliminary arraignment on your behalf.
Along with determining the amount of your bail, the judge will also determine whether you will be required to pay bail (or post a bond), or whether you will be granted unsecured bail. With unsecured bail, you are not required to pay in order to be released from custody. If you are released on unsecured bail, you will only have to pay if you fail to show up in court later in the process.
How Do I Obtain a Bail Bond if I Am in Custody?
Let’s say you’ve been arrested in Monroe County and the judge orders you to pay bail. How can you obtain a bail bond while you are in custody? If you are sent back to jail after your preliminary arraignment, your options for obtaining a bail bond will typically include:
- You can contact a bail bond company using the jail’s phone (you should be allowed to use the phone to arrange a bail bond);
- You can have a family member obtain a bail bond for you; or,
- Your defense lawyer can arrange for a bail bond company to pay your bail on your behalf.
Keep in mind, you will need to have a way to pay the bail bond company’s fee, and you may need access to your vehicle registration and various other forms of documentation as well. If you hire a defense lawyer to represent you, your lawyer will be able to assist with taking all of the steps necessary to obtain a bail bond and secure your release.
What is “Supervised Bail” in Monroe County?
In some cases, judges will order “supervised bail.” If you are placed on supervised bail, this is similar to being on probation. In addition to paying your bail (either directly or through a bail bond), you may also be required to refrain from alcohol and drug use, undergo drug testing, avoid contact with any alleged victims, and meet various other requirements in order to stay out of jail.
If I My Forfeit Bail, Can I Get it Back?
As discussed above, if you miss a court date after paying bail, your bail can be forfeited. In this scenario, whether you can get it back depends on the circumstances of your case. Judges may be willing to give you a second chance in some cases; but, here too, it will be important to rely on the advice and representation of an experienced defense lawyer to ensure that you are protecting yourself to the fullest extent possible.
Request a Free Consultation with Monroe County Defense Lawyer Brian C. Jordan
Have you been arrested in Monroe County? If so, we encourage you to contact us promptly so that we can help you. To request a free consultation with Monroe County defense lawyer Brian C. Jordan, call 570-373-9343 or tell us how we can reach you online now.