Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part C(1) - Release Procedures
Rule 529 - Modification of Bail Order Prior to Verdict

Universal Citation: 234 PA Code ยง 529

Current through Register Vol. 54, No. 12, March 23, 2024

(a) The issuing authority who is the magisterial district judge who was elected or assigned to preside over the jurisdiction where the crime occurred, upon request of the defendant or the attorney for the Commonwealth, or by the issuing authority sua sponte, and after notice to the defendant and the attorney for the Commonwealth and an opportunity to be heard, may modify a bail order at anytime before the preliminary hearing.

(b) A bail order may be modified by an issuing authority at the preliminary hearing.

(c) The existing bail order may be modified by a judge of the court of common pleas:

(1) at any time prior to verdict upon motion of counsel for either party with notice to opposing counsel and after a hearing on the motion; or

(2) at trial or at a pretrial hearing in open court on the record when all parties are present.

(d) Once bail has been set or modified by a judge of the court of common pleas, it shall not be modified except

(1) by a judge of a court of superior jurisdiction, or

(2) by the same judge or by another judge of the court of common pleas either at trial or after notice to the parties and a hearing.

(e) When bail is modified pursuant to this rule, the modification shall be explained to the defendant and stated in writing or on the record by the issuing authority or the judge.

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