Criminal Procedure and the Pennsylvania Court System
What this domain covers
This domain tests Pennsylvania criminal procedure as it affects bail: who sets bail, what types are available, how bail is modified or revoked, and how the court system handles bonds from preliminary arraignment through trial and appeal.
Core rules
- At the preliminary arraignment, the magisterial district judge (MDJ) sets bail and conditions. The MDJ must consider the nature of the offense, the defendant's record, ties to the community, and risk of flight.
- Pennsylvania recognizes release on recognizance, unsecured bail, nominal bail, surety bail, cash bail, and conditional bail.
- A surety bond is posted with the court; the bondsman's authority comes from the insurer's power of attorney.
- Bail may be modified or revoked if the defendant violates conditions, commits a new offense, or the court finds the existing bail insufficient.
- Common Pleas judges review bail decisions and handle trial and forfeiture; the Superior Court hears appeals from final orders.
- Bail is not a determination of guilt, and a bondsman is not an officer of the court.
Worked example
An MDJ sets $25,000 surety bail with conditions: no contact with the complainant and no leaving the county without permission. The defendant posts through a bondsman. Two weeks later, police charge him with a new offense and report contact with the complainant. The court may revoke bail and remand him. The bondsman's remedy is to surrender the defendant and seek exoneration or remission; the new charges do not automatically discharge the bond.
Traps
- Assuming the bondsman can override the court's conditions.
- Thinking a new charge automatically cancels the bond.
- Confusing the MDJ's bail authority with the Common Pleas trial court's.
- Ignoring that bail conditions can be changed at a later hearing.