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...and How Does "Bail and Bonding Process After A DUI Arrest" Affect My DUI Charges

 

After arrest, a person suspected of committing a DUI in Philadelphia is taken into police custody and “booked” or “processed.”  During “booking,” a Philadelphia police officer:

  • Takes the DUI suspect’s personal information (i.e., name, date of birth, address, physical characteristics);
  • Records information about the DUI suspect’s alleged crime;
  • Performs a criminal background search of the DUI suspect;
  • Fingerprints and photographs the DUI suspect;
  • Confiscates any personal property (i.e., keys, wallet, money), which will be returned upon release; and
  • Places the DUI suspect in jail for at least 24 hours until bail is set and paid.

Bail For Persons Arrested For DUI in Philadelphia

Bail is a process through which an arrested DUI suspect in Philadelphia is allowed to pay money in exchange for release from the custody of the Philadelphia Police.  As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings — including arraignment, preliminary hearing, pre-trial motions, and the trial itself.

The DUI suspect in Philadelphia will have to appear via closed circuit television before a bail commissioner.  This commissioner will decide the amount of bail to be posted for release from custody.  The bail amount may be predetermined, through a “bail schedule,” or the judge may set a monetary figure based on:

  • Prior DUI record and criminal history;
  • Seriousness of the DUI offense (whether an accident and injury to other persons occurred)
  • Suspect’s ties to the community, property ownership and employment.

Bail Bonds in Philadelphia

A “bond” may be posted in lieu of the full amount of bail.  A bond agreement guarantees that the full bail amount will be paid if the DUI suspect fails to appear for a court appearance.  Bonds are obtained through a bail bond agency that charges a fee for posting of the bond (usually about 10 percent of the bail amount). Bail bond agencies may also demand additional collateral be assigned to pay the full bail amount if the DUI suspect “jumps bail” or fails to appear in court.  If the DUI suspect fails to appear in the Philadelphia court, a warrant for arrest will be issued immediately.

Released on Own Recognizance (R.O.R.)

When a DUI suspect in Philadelphia is granted R.O.R., no bail money needs to be paid to the court, and no bond needs to be posted. The suspect signs a promise to appear in court for all proceedings.

If a DUI suspect released on “own recognizance” fails to appear in court, a warrant for arrest will be issued.

 

By Kevin Leckerman

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