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Rule 529 – Modification of Bail Order Prior to Verdict

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) The issuing authority who is the magisterial district judge who was elected or assigned to preside over the jurisdiction where the crime occurred, upon request of the defendant or the attorney for the Commonwealth, or by the issuing authority sua sponte, and after notice to the defendant and the attorney for the Commonwealth and an opportunity to be heard, may modify a bail order at anytime before the preliminary hearing.
(B) A bail order may be modified by an issuing authority at the preliminary hearing.
(C) The existing bail order may be modified by a judge of the court of common pleas:

(1) at any time prior to verdict upon motion of counsel for either party with notice to opposing counsel and after a hearing on the motion; or
(2) at trial or at a pretrial hearing in open court on the record when all parties are present.
(D) Once bail has been set or modified by a judge of the court of common pleas, it shall not be modified except

(1) by a judge of a court of superior jurisdiction, or
(2) by the same judge or by another judge of the court of common pleas either at trial or after notice to the parties and a hearing.
(E) When bail is modified pursuant to this rule, the modification shall be explained to the defendant and stated in writing or on the record by the issuing authority or the judge.

234 Pa. Code ยง 529

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with Court’s Order at 25 Pa.B. 4116 (September 30, 1995) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the August 24, 2004 Comment revision published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004) .

Final Report explaining the May 19, 2006 amendments concerning “pre-preliminary hearing” modification of bail by the issuing authority published with the Court’s Order at 36 Pa.B. 2633 (June 3, 2006) .