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Aromat_Junkie t1_j9u3e18 wrote

Reply to comment by sirauron14 in Family of elderly man beaten to death with traffic cone blindsided by teen suspect posting bail: 'I lost it' by JBizznass

There is 100% a hearing. It's called your preliminary hearing where someone from the DA's office and a judge determine you bail. That's the absolute first thing that happens in any proceedings.

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sirauron14 t1_j9uenjo wrote

Thats what the article said. I took it from that

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Aromat_Junkie t1_j9umqfd wrote

I think they meant to imply, there's not some sort of hearing AFTER you post bail. If the DA felt like they were too dangerous to get bail, they had ample time to make that case.

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Hoyarugby t1_j9uqy6l wrote

PA law requires bail in all cases where the possible punishment doesn't include life without parole. PA law also does not allow minors to be sentenced to life without parole. Therefore, bail was required here, the DA could not legally make the case that bail should be denied

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Aromat_Junkie t1_j9ux2co wrote

oh... our laws are weird as shit. then why is it 800K and not 5K? surely a underage minor doesnt have access to capital?

I always forget this:

https://www.aclupa.org/sites/default/files/field_documents/broken_rules_statewide_bail_report.pdf

but regardless, you get a bail hearing.

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Aromat_Junkie t1_j9uxgii wrote

just double replying

"An MDJ may not assign cash bail solely because a defendant faces serious charges.16 The rules further require that an MDJ conduct a careful individualized assessment of the arrested person and look at multiple factors, including the person’s community ties and history of employment.17 If an MDJ determines that cash bail is necessary to ensure appearance, they must then assess the financial ability of the defendant and should only assign a reasonable bail amount “no[] greater than is necessary to reasonably ensure the defendant’s appearance and compliance with conditions of the bail bond.”18 Under Pennsylvania law, MDJs may not impose cash bail for the sole purpose of incarcerating someone until their trial date.19 Pretrial detention must be the carefully limited exception to pretrial releas"

So clearly this is a case of "DEJURE" versus "DEFACTO" law/proceedings. Bail is absolutely used to prevent people from exiting jail before trial - the ALCU document pretty much proves that point with figures.

So either we should change the law / constitution or follow the law, and also maybe we need to ring up hollywood and have them stop making up random shit in procedural shows so we can all understnd how it works lol

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sirauron14 t1_j9un339 wrote

Yeah in those cases yes. I guess the child isn't dangerous

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Aromat_Junkie t1_j9und0u wrote

As far as I know - Not in some cases, in all cases the preliminary hearing happens first, usually several hours after being charged and arrested. Literally the first thing that happens after they arrest you is put you in front of a judge and the DA and they set or deny your bail...

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