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Rule 1034 – Collateral

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Except as provided in this rule, the procedures for collateral shall be as provided in Rule 452.
(B) When determining the amount of collateral, if any,

(1) if the defendant does not have a prior history of failure to appear for scheduled hearings, or there are other reasonable grounds to believe that the defendant will appear, or the defendant is without adequate resources to deposit collateral, the Traffic Division judge, hearing officer or arraignment court magistrate shall consider releasing the defendant on his or her own recognizance, or sign own bail (“SOB”), or on a nominal amount of collateral.
(2) If the defendant has a prior history of failing to appear for Traffic Division scheduled hearings, and notice of the hearings was served personally on defendant, the Traffic Division judge, hearing officer or arraignment court magistrate may set collateral in an amount not to exceed the collateral that may be required for the payment of defendant’s unadjudicated citations and the balance of outstanding fines and costs owed on adjudicated citations.

234 Pa. Code ยง 1034

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with the Court’s Order at 35 Pa.B. 5242 (September 24, 2005) .