BAIL PROCEEDINGS & DETENTION HEARINGS
Results are what you expect when you hire an attorney. Results are a complete or partial victory, results are your freedom, family, money, or whatever justice dictates. We get results for our clients. Our verdicts, settlements and victories on behalf of our clients are not mere unsubstantiated words but proven facts. We get results because we work tirelessly, investigate thoroughly and research extensively. We meet with our clients endlessly until we know your case inside and out. We get results because we are experienced, we are well known in the legal community and we know how to get your case successfully resolved.
Philadelphia Bail & Detention Attorney: Your Advocate for Freedom
Bail is frequently the first, and most important, battle in a criminal case. Having a seasoned criminal attorney that knows about you and your case can mean the difference between going home or going to jail. In state proceedings, having an attorney present at your preliminary arraignment (which occurs before the preliminary hearing) that is familiar with your personal background and the circumstances of your case will almost invariably result in a lower or more reasonable bail. In federal proceedings, having an attorney that is familiar with the Bail Reform Act and the federal rules of criminal procedure and case law regarding pretrial detention, can make a significant difference in being released at all pretrial.
It is vitally important to hire an attorney immediately upon learning that you are the target of a criminal investigation. If you are unexpectedly arrested and do not have the opportunity to meet with an attorney before being arrested, it is vital that your loved ones contact an attorney immediately after being arrested. The attorney must be informed as to your background and the circumstances of your case.
State Proceedings
In state proceedings you will have at most about 15-20 hours before you are arraigned and the commissioner sets bail. Commissioners are not judges and typically they are not attorneys. If you are able to hire an attorney before you are arraigned, your attorney can represent you at your arraignment before the commissioner. In PA, specifically, Philadelphia, the bail set by the commissioner is immediately appealable or reviewable by a Municipal Court judge or a Common Pleas Court judge. If bail is not attainable after the preliminary arraignment and a bail reduction motion can be filed with the court and heard in a few days. If no motion is filed to reduce bail, a bail reduction can be orally raised at the first preliminary hearing listing.
In PA a court or judge can prohibit bail under certain circumstances or for certain offenses. Article 14 of the PA Constitution states in relevant part;
All prisoners shall be bailable by sufficient sureties,
unless for capital offenses or for offenses for which the
maximum sentence is life imprisonment or unless no condition or
combination of conditions other than imprisonment will
reasonably assure the safety of any person and the community
when the proof is evident or presumption great;
As reflected by the above referenced portion of Article 14, bail is prohibited in capital offenses, offenses for which the sentence is life imprisonment (first degree and second degree murder cases) and cases where the DA’s Office files a motion to preclude bail.
Federal Court System
In the federal court system, the Bail Reform Act of 1986, 18 U.S.C. Section 3142, is the law that governs bail. There are certain offenses (including drug distribution in certain cases) in which there is a presumption that a person be detained pretrial – in other words held without bail or denied bail. After an arrest in a federal case you will have an initial appearance before a magistrate at which time bail may be addressed. At that hearing, Section 3142 permits the prosecutor the power to request a 3 day continuance of the bail hearing. If the prosecution opts to exercise this power the result is that your bail hearing can be delayed for several days. During that time it is imperative that you hire an attorney that is experienced in federal practice and is familiar with what is necessary to prepare for the detention hearing and to file a motion in opposition to the prosecutor’s motion for pretrial detention.
A bail reduction motion is allowed in the PA Courts and in federal court. The criminal justice systems allows for a bail reduction, or bail modification (i.e., to rescind the condition of house arrest), when a judge determines it is justifiable, considering the defendant’s ties to the community, criminal history of the defendant, the nature of the charges, the safety of the community, and the ability of the defendant to post bail. In addition a defendant may submit to conditions, like electronic monitoring, to ensure his appearance for court and compliance with pretrial conditions of bail.
Philadelphia District Attorney
The Philadelphia District Attorney’s Office may ask for a Nebbia order at the time of your arraignment. They can ask for a Nebbia order when there are circumstances that may raise an inference that money posted for bail may be derived from criminal activity – such as drug proceeds. In cases where there are significant quantities of drugs and money recovered during an investigation or at the time of an arrest, the ADA in arraignment court will ask for a Nebbia order. If requested the commissioner must impose such a condition upon bail. Only a Common Pleas Court judge can review (or lifted) a Nebbia order. The effect of a Nebbia order is substantial – it will delay your release from custody for several days or weeks. A motion to lift the Nebbia order must be filed. It takes several days to obtain a hearing before a judge. The sooner an attorney is hired, the sooner a motion to lift a Nebbia order can be filed and listed for a hearing and the sooner you can be released.
Each case has unique evidence and circumstances that must be thoroughly reviewed and analyzed by the Law Office of Gregory J. Pagano in order to advise you on how to proceed with the defense of your case. No matter what the circumstances of your case, the Law Office of Gregory J. Pagano will provide personal attention and work tirelessly to get you the results you need.
When you or a loved one is arrested in Philadelphia, every second counts. At Pagano Law, we understand that a night in jail can jeopardize your job, your family relationships, and your future. Our experienced bail and detention attorneys have successfully secured the release of thousands of Philadelphia residents, combining decades of legal expertise with aggressive advocacy to protect your freedom and your rights.
Immediate Bail Assistance When You Need It Most
Don’t spend another minute in custody. Call (215) 636-0160 for immediate help.
The hours following an arrest are critical. That’s why our bail attorneys are available 24/7, 365 days a year. When you contact Pagano Law, you’ll speak directly with an experienced criminal defense attorney – not an answering service. Our immediate response team springs into action within minutes of your call, leveraging our extensive experience to begin working on your release strategy. We’ll provide emergency bail hearing representation, navigate complex bail conditions, and challenge excessive bail amounts through strategic motions. Our team works proactively to prevent bail revocation while coordinating with family members and support systems to ensure the strongest possible presentation for your release.
Why Experience Matters in Bail Cases
The Philadelphia bail system is notoriously complex and unforgiving. A single mistake can result in prolonged detention or bail revocation. Our firm’s focused experience in bail matters provides an unmatched advantage in securing your release. Through years of practicing in Philadelphia courts, we’ve developed intimate relationships with court personnel and bail authorities. We understand individual judges’ tendencies and preferences, and we know how local prosecutors approach different types of cases. This deep local knowledge allows us to craft effective release strategies tailored to your specific situation.
Understanding Philadelphia’s Bail System
The bail system in Philadelphia offers several release options, each with its own requirements and considerations. Release on Own Recognizance (ROR) represents the most favorable outcome, requiring no monetary bail. This option typically depends on demonstrating strong community ties, maintaining stable employment, and having a clean prior record. Our attorneys excel at presenting compelling evidence of stability and reliability to secure ROR releases whenever possible.
Unsecured bail presents another favorable option, where payment is only required if conditions are violated. Successfully obtaining unsecured bail requires comprehensive documentation of community support, employment verification, and proof of stability. Our team knows exactly what evidence to gather and how to present it effectively to secure these favorable terms.
Secured bail requires payment or collateral before release, but various options exist for meeting these requirements. We help clients explore property liens, third-party surety options, and payment plans when available. Our experience with local bail authorities helps us navigate complex collateral requirements and source of funds documentation efficiently.
Cash bail demands full payment upfront, but our attorneys know how to challenge excessive amounts and negotiate more reasonable terms. We guide clients through the intricate process of documenting fund sources, managing bank requirements, and understanding receipt and return procedures. Our team also helps prepare for potential forfeiture risks and tax implications.
Percentage bail, typically set at 10% of the total amount, offers a more accessible option for many clients. We help arrange monthly payment options when available and explain all associated obligations clearly. Our attorneys work diligently to secure percentage bail whenever possible, as it often represents the most practical path to release.
The Bail Hearing Process: What to Expect
The bail hearing represents a crucial moment in your case, often determining whether you’ll be able to maintain your job, support your family, and assist in preparing your defense. At Pagano Law, we ensure you’re thoroughly prepared for every aspect of this vital proceeding. Your bail hearing will typically occur within 24 hours of arrest, making immediate legal representation essential.
During the hearing, the court considers multiple factors beyond just the charged offense. The judge evaluates your community ties, employment history, family responsibilities, and prior record. Our attorneys excel at presenting compelling evidence of stability and reliability. We gather documentation of your employment, obtain character references, and prepare family members who may need to testify about your community connections.
Many clients are surprised to learn that bail hearings move quickly, often lasting just a few minutes. This makes thorough preparation and experienced representation crucial. Our attorneys know how to make every moment count, presenting the most compelling arguments efficiently and effectively. We anticipate prosecution concerns and prepare strong counterarguments, often securing favorable bail terms even in challenging cases.
Our Trial Experience Strengthens Your Bail Case
While bail hearings focus on pretrial release, our extensive trial experience significantly enhances our effectiveness in these proceedings. We understand how cases typically develop and can articulate compelling arguments about the strength of the evidence against you. This trial perspective often proves crucial in securing favorable bail terms.
Our attorneys have successfully tried hundreds of cases across Pennsylvania courts, giving us unique insight into how various charges typically resolve. This experience allows us to effectively argue that you’re not a flight risk, as we can often demonstrate realistic expectations about potential outcomes. Prosecutors and judges respect our track record and know we make reliable representations about our clients.
Comprehensive Bail Services
Our emergency bail representation begins the moment you call. We immediately evaluate your case, respond to the arrest location, and begin gathering crucial evidence. Our team communicates swiftly with the court while assisting with family notification and release strategy development. This rapid response often proves crucial in securing favorable bail terms.
When circumstances change, we provide comprehensive bail modification services. Whether you need condition changes, travel permissions, or employment accommodations, our attorneys know how to present compelling arguments for modifications. We understand that life doesn’t stop during the bail period, and we work tirelessly to ensure your bail conditions align with your essential needs.
If allegations of bail violations arise, our team responds immediately. We gather evidence, coordinate with witnesses, and prepare thorough explanations to defend against violation claims. Our attorneys negotiate skillfully with authorities and provide strong hearing representation when necessary. This proactive approach often prevents revocation and keeps our clients free while their cases proceed.
Federal and Complex Cases
Federal bail matters require specialized expertise, and our attorneys bring extensive experience in federal detention hearings. We handle complex Nebbia hearings, manage international travel restrictions, and arrange third-party custodian agreements. Our team understands the unique challenges of federal cases and knows how to navigate them successfully.
For complex state cases involving multiple jurisdictions, our attorneys provide seamless coordination and communication. We arrange treatment program placements, verify employment requirements, and ensure compliance across jurisdictions. Our experience with interstate compact issues proves invaluable in these complicated scenarios.
Probation and parole matters demand particular attention to detail. Our team handles violation hearings, analyzes new arrest impacts, and coordinates between multiple jurisdictions. We pursue early termination requests and modification petitions when appropriate, always seeking the most favorable outcome for our clients.
Preparing Your Case: The Pagano Law Difference
Success in bail matters requires more than just courtroom advocacy. Our comprehensive approach begins the moment you contact our office. We immediately begin gathering crucial documentation, including employment records, lease or mortgage documents, and evidence of community ties. Our team works closely with family members to compile character letters and prepare testimony if needed.
Understanding that financial resources often impact bail decisions, we help clients document their ability to post various bail amounts. We maintain relationships with reputable bail bonds agencies and can quickly arrange their services when needed. Our team also helps clients understand exactly what documentation they’ll need to prove the legitimate source of any bail funds.
We also focus on developing comprehensive supervision plans when needed. Our extensive knowledge of local treatment providers, monitoring services, and counseling programs allows us to propose detailed release plans that address court concerns. We often arrange program acceptance in advance, demonstrating to the court that appropriate supervision is immediately available.
Family Support Services
We understand that arrest and detention impact entire families, not just our clients. Our office provides comprehensive support to family members throughout the bail process. We maintain regular communication with designated family contacts, providing updates and clear explanations of what to expect at each stage. Our team helps families understand their role in supporting successful bail compliance while maintaining appropriate boundaries.
Our attorneys assist families in gathering necessary documentation, preparing for court appearances, and understanding their obligations if they assist with bail posting. We provide clear guidance about potential financial responsibilities and help families make informed decisions about their level of involvement. This family support often proves crucial to securing and maintaining pretrial release.
Philadelphia Office Location and Services
Our office is conveniently located in Center City Philadelphia at: 1315 Walnut Street, 12th Floor Philadelphia, PA 19107 Phone: (215) 636-0160
From this central location, we serve clients in all Philadelphia area courts, including the Criminal Justice Center, Federal Eastern District Court, Municipal Court, and surrounding suburban jurisdictions. Our proximity to major courts and detention facilities allows us to respond quickly to developing situations and maintain close contact with court personnel.
Taking Action
When facing detention in Philadelphia, time is your most precious resource. Contact Pagano Law immediately at (215) 636-0160 for a free initial consultation. Our experienced attorneys will evaluate your situation, explain your options, and begin working immediately to secure your release. We offer flexible payment plans and remain available 24/7 for emergency response.
Don’t let another minute pass without experienced representation fighting for your freedom. Our proven track record, deep local knowledge, and unwavering commitment to client service make Pagano Law your strongest advocate in bail and detention matters.
Call Pagano Law now at (215) 636-0160 for immediate assistance with your bail or detention matter.
Free initial consultations • Payment plans available • 24/7 emergency response
Remember: The sooner you contact us, the more effectively we can work to secure your release and protect your rights. Let our experienced team fight for your freedom today.
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