Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part C - Bail
Rule 521 - Bail After Finding of Guilt
Universal Citation: 234 PA Code ยง 521
Current through Register Vol. 54, No. 38, September 21, 2024
(A) BEFORE SENTENCING
(1) Capital and Life Imprisonment Cases
When a defendant is found guilty of an offense which is punishable by death or life imprisonment, the defendant shall not be released on bail.
(2) Other Cases
(a) The defendant shall have the same right
to bail after verdict and before the imposition of sentence as the defendant
had before verdict when the aggregate of possible sentences to imprisonment on
all outstanding verdicts against the defendant within the same judicial
district cannot exceed 3 years.
(b)
Except as provided in paragraph (A)(1), when the aggregate of possible
sentences to imprisonment on all outstanding verdicts against the defendant
within the same judicial district can exceed 3 years, the defendant shall have
the same right to bail as before verdict unless the judge makes a finding:
(i) that no one or more conditions of bail
will reasonably ensure that the defendant will appear and comply with the
conditions of the bail bond;or
(ii)
that the defendant poses a danger to any other person or to the community or to
himself or herself.
The judge may revoke or refuse to set bail based upon such a finding.
(B) AFTER SENTENCING
(1) When the sentence imposed includes
imprisonment of less than 2 years, the defendant shall have the same right to
bail as before verdict, unless the judge, pursuant to paragraph (D), modifies
the bail order.
(2) Except as
provided in paragraph (A)(1), when the sentence imposed includes imprisonment
of 2 years or more, the defendant shall not have the same right to bail as
before verdict, but bail may be allowed in the discretion of the
judge.
(3) When the defendant is
released on bail after sentencing, the judge shall require as a condition of
release that the defendant either file a post-sentence motion and perfect an
appeal or, when no post-sentence motion is filed, perfect an appeal within the
time permitted by law.
(C) REASONS FOR REFUSING OR REVOKING BAIL
Whenever bail is refused or revoked under this rule, the judge shall state on the record the reasons for this decision.
(D) MODIFICATION OF BAIL ORDER AFTER VERDICT OR AFTER SENTENCING
(1) When a
defendant is eligible for release on bail after verdict or after sentencing
pursuant to this rule, the existing bail order may be modified by a judge of
the court of common pleas, upon the judge's own motion or upon motion of
counsel for either party with notice to opposing counsel, in open court on the
record when all parties are present.
(2) The decision whether to change the type
of release on bail or what conditions of release to impose shall be based on
the judge's evaluation of the information about the defendant as it relates to
the release criteria set forth in Rule 523. The judge shall also consider
whether there is an increased likelihood of the defendant's fleeing the
jurisdiction or whether the defendant is a danger to any other person or to the
community or to himself or herself.
(3) The judge may change the type of release
on bail, impose additional nonmonetary conditions as provided in Rule 527, or,
if appropriate, impose or increase a monetary condition as provided in Rule
528.
(E) MUNICIPAL COURT
Bail after a finding of guilt in the Municipal Court of Philadelphia shall be governed by the rules set forth in Chapter 10.
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