How does bail work in Pennsylvania, and what are the types?

Last updated October 4, 2026.

In Pennsylvania, bail is the set of conditions a judge sets for releasing a person until the case ends, and the rules list five types of release: release on recognizance, release on nonmonetary conditions, an unsecured bail bond, nominal bail, and release on a monetary condition (Pa.R.Crim.P. 524). The judge must consider whether release on recognizance will ensure that you come back before moving to money or other conditions. What to do with those conditions in the first days is covered in the first week after a criminal charge. Any money required must be no more than necessary, and the judge must consider your financial ability.

Bail is first set at the preliminary arraignment, which Delaware County says takes place within 72 hours of arrest. This page explains the types, what the judge weighs and how bail works in Delaware County. For the rest of the case, see our criminal defense page.

How is bail set and posted in Delaware County, step by step?

1. Release or intake. Many lower-level arrests, including most first DUI arrests, end in release with a summons instead of a bail hearing (Pa.R.Crim.P. 519(B)); the DUI version of that step is covered in what happens after a DUI arrest in Delaware County.
2. The bail interview. The Pre-Trial/Bail Service Unit interviews the person, checks records through JNET and NCIC, and gives the judge a recommendation.
3. The preliminary arraignment. The judge sets the type of release and its conditions, or refuses bail with reasons on the record.
4. Posting. Money bail is posted with the Office of Judicial Support, online, or at the George W. Hill Correctional Facility, which takes cash with ID between 8:00 p.m. and 8:00 a.m. when there are no outstanding issues.
5. Release. The person is released once the release order and paperwork reach the facility file.
6. Supervision. If the order requires it, the person reports to the Pre-Trial/Bail Service Unit in the Courthouse basement.

What are the five types of bail?

Each type comes with the same basic bail bond conditions: appear whenever required, obey the court's orders, give written notice of any change of address within 48 hours, and do nothing to intimidate or retaliate against a witness or victim (Pa.R.Crim.P. 526(A)). The Pennsylvania Constitution, quoted in the comment to Rule 520, makes everyone bailable except in capital cases, cases with a maximum of life imprisonment, or when no condition other than jail will reasonably protect any person and the community and "the proof is evident or presumption great." When bail is refused, the judge must give the reasons in writing or on the record (Rule 520(A)).

What does the judge look at?

Rule 523 lists the release criteria, all aimed at whether you will appear and follow the conditions:

• the charge and any facts that bear on the likelihood of conviction and the possible penalty;
• your job and financial condition, family ties, and how long you have lived in the community;
• your age, character, reputation, mental condition and any drug or alcohol problem;
• how you did on any earlier bail, any history of flight or escape, your prior record and any use of false identification.

Refusing to admit guilt or to help an investigation cannot be a reason for stricter bail (Rule 523(B)). The rule's comment adds that the judge must weigh all the criteria, not only the charge or the fact that someone lives out of state, and that a risk assessment tool may be used but must not be the only basis for the decision. In domestic violence cases, the judge must also consider whether the person poses a threat to the alleged victim. A Protection From Abuse order often runs alongside those cases; see what happens at a PFA final hearing in Delaware County.

How does money bail work?

If the judge sets a monetary condition, the amount must be reasonable and based on both the release criteria and your financial ability (Pa.R.Crim.P. 528). The judge may allow a deposit of up to 10% of the full amount, and must consider whether to allow it in every case. The full amount can be secured with cash, certain bonds, real estate, or the bond of a licensed bail bondsman or surety company (Rule 528(D)).

Who signs matters. A person who posts money for someone else is told in writing that signing as a surety makes them liable for the full amount if the defendant does not appear or comply; they can instead deposit the money for the defendant without becoming a surety, giving up the right to claim it back. When the defendant is the named depositor, money returned at the end of the case may first be applied to restitution, fines, fees and costs from the sentence (Rule 528(F)).

In Delaware County, the Criminal Division of the Office of Judicial Support handles posting and returning bail, from the first floor of the Government Center in Media, and bail can also be paid online through the state court payment portal; the county's bail office itself does not take payments. The offices involved are mapped in what to expect at the Delaware County Courthouse.

Montgomery County works differently. Its Clerk of Courts takes bail for criminal cases Monday to Friday, 8:30 a.m. to 4:00 p.m.; cash is the only form of payment accepted in person, the person posting must be at least 18 with a valid photo ID, and when the defendant is held at the Montgomery County Correctional Facility in Eagleville, cash bail can be paid there after hours, on weekends and on holidays. The rest of that county's process is in what to expect at the Montgomery County Courthouse.

What nonmonetary conditions are common?

Rule 527 lets the judge impose reporting requirements, travel limits and other conditions tailored to the person. Its comment gives examples such as phone or in-person reporting to a bail agency, drug or alcohol testing, a curfew, counseling or treatment, and no contact with a named person. In Delaware County, the Pre-Trial/Bail Service Unit supervises these conditions, including GPS monitoring, which the county says carries no cost while a person is on pretrial supervision, home monitoring that limits leaving home to work, medical care, meetings with a lawyer, court and buying food, weekly call-ins and random drug tests.

The same office handles bail interviews: just before the preliminary arraignment, or later at its office in the Courthouse basement, open for in-office interviews Monday through Friday, 9:00 a.m. to 3:45 p.m. Bring the paperwork the district court sent you.

Can bail be lowered or changed?

Yes. Before the preliminary hearing, the district judge for the place where the offense occurred, listed on our page about Delaware County's district courts, may change the bail order on request of either side, after notice and a chance to be heard; the judge may also change it at the preliminary hearing. After that, a Court of Common Pleas judge may change it on motion with a hearing, or in open court at a pretrial hearing or trial. Once a common pleas judge has set or changed bail, only a common pleas judge or a higher court can change it again (Pa.R.Crim.P. 529).

Pennsylvania's speedy trial rule also matters here: in most cases, a person held in jail more than 180 days from the complaint, not counting delay the defense caused, can ask to be released on nominal bail (Pa.R.Crim.P. 600). Our page on what happens after an arrest in Delaware County shows where each of these hearings falls.

What happens if a bail condition is broken?

A violation can lead to a bench warrant, revocation of release or tighter conditions, with the reasons stated in writing or on the record. When money was posted, the court may order it forfeited; a third-party surety's money can be forfeited only for failure to appear, and a forfeiture is not executed until 90 days after notice (Pa.R.Crim.P. 536). The preliminary hearing is usually the next chance to address bail; see what happens at a preliminary hearing. Rules for people already on supervision differ; see our page on probation violations. Contact with a protected person can also bring a separate charge when a PFA order is in place, as explained in what happens if you are accused of violating a PFA order.

What changes the answer?

• The charge. The nature of the offense and the possible penalty are release criteria (Rule 523(A)(1)), and the constitution allows refusing bail only in the narrow cases described above. Our chart of maximum penalties by grade shows how serious each grade is.
• Ties to the community. Employment, family, length of residence and past appearances all count (523(A)).
• Financial ability. A monetary condition must be no more than necessary and must take your ability to pay into account (528).
• A domestic case. The judge also weighs any threat to the alleged victim, and no-contact conditions are common.
• Time in custody. After 180 days in jail before trial, not counting defense delay, a motion for nominal bail is generally available (Rule 600); see how long a criminal case can take.
• Who posts the money. A surety is liable for the full amount; a depositor for the defendant gives up the claim to the money (528(F)).

For example: posting bail for a family member

Here is a hypothetical. A woman's adult son is arrested in Chester and held on a monetary condition with a 10% deposit allowed and a condition to stay away from a named witness. On Saturday night she brings cash and her ID to the George W. Hill Correctional Facility and posts the deposit as a surety, which means she is responsible for the full amount if her son misses court or breaks a condition. He is released after the paperwork reaches his file.

At the preliminary hearing two weeks later, his lawyer asks the district judge to lower the amount, pointing to his job and lifelong residence in the county. If her son keeps every date and condition, the deposit is returned at the end, though money returned in the defendant's name can first be applied to fines, costs and restitution. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with bail?

• Signing as a surety without understanding it. The surety owes the full amount if the defendant does not appear or comply.
• Bringing the wrong payment. The Delaware County jail takes cash with ID during its posting hours, and Montgomery County takes only cash in person.
• Moving without notice. Every bail bond requires written notice of a new address within 48 hours (526(A)).
• Contacting a witness or alleged victim. Intimidation or retaliation breaks a basic condition of every bond.
• Missing a court date. That can bring a bench warrant, revocation and forfeiture (536).
• Waiting to ask for a change. A bail modification can be requested before and at the preliminary hearing.

What should I do this week?

1. Read the bail order and write down every condition.
2. Decide who will post any money and whether they will sign as a surety or deposit it for the defendant.
3. Bring the district court paperwork to any required Pre-Trial/Bail Service Unit interview.
4. Update your address with the court within 48 hours of any move.
5. Keep every receipt for bail posted.
6. Talk with a lawyer about asking for a lower amount or different conditions at the preliminary hearing.

Frequently asked questions

Is bail a fine?

No. Delaware County's jail page puts it plainly: bail is not a fine and is not supposed to be punishment; its purpose is to make sure the person appears for trial and hearings.

Can I post bail online?

Yes. Delaware County points people to the statewide court payment portal for online bail, and the Office of Judicial Support handles posting and return of bail.

Do I get the bail money back?

If the defendant appears and complies, the money is returned at the end of the case, but money returned in the defendant's name may first be applied to restitution, fines, fees and costs (528(F)). A depositor who gave up the claim does not get it back.

Does pretrial GPS monitoring cost money in Delaware County?

The county says no cost is assessed for GPS monitoring while a person is on pretrial supervision.

Can bail be denied completely?

Only in the limited cases the Pennsylvania Constitution allows, such as offenses carrying life imprisonment or when no condition other than jail can reasonably protect people and the community and the proof is evident, with reasons stated in writing or on the record (Rule 520). The hearing that often follows is explained in what happens at a preliminary hearing.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about bail for you or a family member.