Fighting For Important Causes In State And Federal Courts
If you found out that your child was arrested in State College, it can be extremely stressful. Especially if you are not physically in the area, making the drive or taking a flight to visit your kid in jail can be infuriating and scary at the same time. Fortunately, parents can indeed bail their kids out of jail in many cases, and our criminal defense lawyer for Penn State students might be able to help. Andrew Shubin of The Law Office of Andrew Shubin explains.
Is My Child Eligible for Bail in State College?
One of the first things to figure out before you can bail your child out is whether your child is actually eligible for bail. When someone is arrested, they are usually taken to the local police department for booking and processing. They will usually be searched and have everything inventoried, they’ll have their name entered into the system, and they’ll be kept in holding. They might also be fingerprinted and processed into the criminal records system at this time, and they might be transferred to the county jail for further holding at the Centre County Correctional Facility.
Somewhere during this process, the defendant will go before a judge for an arraignment. In Pennsylvania, these might happen in person in a local courthouse with whatever judge is on duty, or they might even be done over video conference if no one is available in person. At this arraignment, your child will have the opportunity to have a lawyer present, learn what charges they face, enter a “not guilty” plea, and have bail set.
There are multiple types of bail that could be set, only two of which actually require payment. If no payment is requested, there is no need to actually pay bail, and your child might be released. Alternatively, bail might be denied entirely, in which case you will need more than a cash payment to get your child out of jail, and you should contact a lawyer immediately.
Types of Bail in State College, PA
In Pennsylvania, bail is usually set at one of 3 major levels. First, “ROR bail” can be set, which will release the defendant on their own recognizance. That means that they might need to check in with the bail department in Centre County, but they will be released from jail and trusted to return to court on their own. If they are still drunk after a DUI charge or they were arrested for being high and now face drug possession charges, they might not be released without a ride home, but otherwise they can be released immediately and do not need anyone to bail them out.
Alternatively, the court might ask for some security before they will release the defendant. If there is a chance that the defendant might flee and fail to return to court, or that they might continue to harm people or commit new crimes while they are out of jail, a judge might require them to put some money down before they allow their release. This can come in the form of “cash bail,” where a full cash amount is deposited, and you lose that money if you fail to come back to court. Alternatively, it could be set as “bond,” in which case you pay a percentage (such as 10%) of a cash bail amount, but if you fail to return, you have to pay the full value and lose your down payment. If either of these types of bail is set, you can certainly bail your child out by either sending them the money to bail themselves out or coming and paying their bail yourself.
In some cases, bail is denied entirely. This usually only happens if the defendant is a huge flight risk and has no ties to the community that will guarantee they will come back to court. Alternatively, this might happen if they are a danger to themselves or others, such as in the case of an arrest for attempted murder or another serious offense like sexual assault.
Getting Bail Set and Reduced in State College
If your child was denied bail altogether or the bail amount that the court asked for was too high, you will likely need a lawyer to get your child out of jail. If bail was simply too expensive, your attorney might be able to argue for a bail reduction that can help your child get out of jail at a more affordable cost. If the bail is still too high, it might be in the budget to talk to a bail agent about getting a third party to cover their bail in exchange for a down payment and interest so that you can get your kid out of jail and fight the case without having them wait in custody through the process.
If bail is denied altogether, you will need an attorney to petition the court to set bail. Evidence of your child’s ties to the community – such as attendance at Penn State or a job in the area – can help prove to the court that your child will indeed be local so that they can return to court. Evidence that your child will be going to inpatient rehab or seeking other mental health services, anger management courses, or other treatment can help reduce any fears that they are a danger to themselves or others. Your attorney can use these kinds of arguments – as well as information about your child’s inability to afford bail – to get the judge to set bail or reduce bail so that you can afford to get your child released.
Talk to a lawyer today about how to get your child out of jail if bail is too expensive or if bail was denied altogether.
Call Our State College Bail Hearing Lawyer for Help with Your Child’s Case
If your child is a Penn State student or was in State College visiting friends and had a run-in with law enforcement, they could find themselves in custody. Assuming they are an adult and are not being processed through the juvenile legal system, they could be sitting in a jail cell waiting for bail. It is vital to get them a lawyer who can work to defend their rights and fight to get them released on bail as soon as possible. Call The Law Office of Andrew Shubin today at (814) 826-3586 to set up a free legal consultation and learn more about how to pay your child’s bail and get them out of jail.