Author Archives: Bail Shop, LLC

What is the Process of an Appeal?

appeal bond

What is the Process of an Appeal?

Are you wondering what the process is for an appeal? Let’s start first with a definition. After all, it’s important to understand all the nuances of the appeal process. In the law and order arena, an appeal is a process in which cases are surveyed and where the parties involved have an opportunity to request a formal change to an official decision. Appeals serve an important function. Appeals are critical both as a process for error correction and also as a process of clarifying and interpreting the laws.

What are the Grounds of an Appeal?

The circumstances surrounding an appeal are an integral consideration. The usual reasons why an appeal is requested include legal grounds such as improper exclusion or admission of evidence. The grounds can also include incorrect jury instructions, lack of sufficient evidence to support a guilty verdict, sentencing errors, false arrest, and more. At the end of the day, it is important to file an appeal if any of the previous factors are part of the equation, including if there was prosecutorial misconduct and ineffective assistance of counsel.

What Happens When You File an Appeal?

If you choose to file an appeal for your case, there are a few things that can happen. The first thing that can happen is the court can keep the conviction the way it is. This is known as “affirming the conviction.” Secondarily, the judge can remand the case back to the trial court for additional proceedings. The judge can also reverse the conviction and remand the case back to the trial court for a new trial.

What are the 3 Types of Appeals?

Are you wondering what the three types of appeals are? If so, you are in luck. Please review the following numbered list to discover more about the three types of appeals.

  1. Logos. This stands for logic. This appeal features an evidence-based approach.
  2. Pathos. This appeal is distinguished for the emotional aspect of its approach. 
  3. Ethos. An ethical or moral argument.

Can an Appeal Be Denied?

When one of the parties in a court case loses, they may appeal their case to a higher court. If an appeal is granted to the party, then the lower court’s decision may be reversed in part or in whole. If an appeal is denied, then the lower court’s decision will remain standing. 

What Appeal Bond

Appeal bonds are also known by another name, as a supersedeas bond. Appeal bonds are a payment that a court requires from an appellant who is waiting for the appeal of a judgment. It’s important to consider that the actual amount of money that is required is usually the actual judgment plus interest. This bail is held by the court while the appeal is being debated.

What Does an Appeal Bond Mean

From the Black’s Law Dictionary 1438, an appeal bond has a definition that is worthy of note. An appeal bond, also known as a supersedeas bond, is a “bond required of one who petitions to set aside a judgment or execution and from which the other party may be made whole if the action is unsuccessful.”

Is Appeal Bond

There are many different ways to interpret an appeal bond. An appeal bond may be known as the amount of money that is placed in holding while an appeal is being debated. Appeal bonds are offered on behalf of the appellant who is appealing the lower court’s judgment and is usually in the amount of the original’s judgment. However, this amount could actually be more.

appeal bond

How to Appeal a Bond Denied

Generally speaking, a bail decision usually needs to be final in order for there to be an option to appeal. For some states in America, a bail order is considered final. That can be interpreted to mean that the defendant has the option to appeal either the denial of the bail or the amount set for the bail. Alternatively, in other states, the order for posting bail can be subject to change and may not be subject to appeal. In the states where bail decisions can’t be appealed, the defendant will be asked to challenge the judge’s order through using a writ of habeas corpus. It’s important to consider that appeals are set within strict time limits, which means the process will need to be started immediately after the trial. It is always a good idea to research the laws in your state in order to make sure that you are on the right side of the law.

When you need an appeal bond in Lebanon and Reading, PA, you should select a bail bond company that you can trust. Our team can be accessed through a quick phone call to 888-224-5711.

What Does Probation Violation Mean?

suspect with handcuffs being interviewed in interrogation room by Police officer, Criminal law concept

Learn More About a Probation Violation

When you find yourself with probation you are getting a chance to be released from the confines of jail during particular legal proceedings. However, this is all dependent on your behavior and you will be supervised in case you commit a probation violation. Being released from jail on probation does not mean that you will be exempt from court proceedings, fines, paperwork, and other legal expectations. There are conditions and behaviors that need to be met and followed with your probation that will vary depending on your particular case. It’s therefore essential to be aware of what rules to follow with your probation officer so that future proceedings may pass more smoothly. When in doubt, contact your legal representative for clarification. Until then, here is some information regarding the concept of a probation violation that may prove useful to you.

Do I need a lawyer for probation violation?

It’s highly recommended to have legal representation to present a case or give evidence with an explanation if there is an admittance of a probation violation. 

What happens when you violate probation in PA?

There are a few possible outcomes with probation violation in Pennsylvania such as revocation of the probation which results in jail time for the rest of the original sentence. Revocation of the probation and another sentence up to the legal maximum of your original crime. There can also be mandatory enrollment in a counseling program, or drug or alcohol rehabilitation.

What happens if you violate probation for the first time?

The consequences of a first-time probation violation will vary depending on the case as well as the violation. As such, more serious repercussions can include additional terms to your probation, jail time, and other courses of action dependent on your situation such as going to treatment for substance abuse when you originally have drug charges.

Will you go to jail for first probation violation?

You won’t automatically be put back into jail with a probation violation as there is a court process that will have to take place just as it was there for your criminal charge. This one however will differ in that it will instead take place in a probation court with new rules and requirements being added in place.

Can you get bailed out of jail on a probation violation?

If you were arrested and taken to jail you’ll have a first appearance to determine a bond. As there is not entitlement to bond for a probation violation case, expect that some judges will allow for a bond while some won’t. 

How long does it take for a probation violation hearing?

How long it would take between the arrest and the probation violation hearing will vary by the jurisdiction. With jurisdictions that have programs such as “fast track” or “early case resolution” for VOP cases, you may expect to have your probation violation hearing take place in two weeks.

a judge's gavel and handcuffs

What is considered a probation violation in Pennsylvania?

  • Technical Violations
    • Failing to contact your probation officer as scheduled;
    • Failing a drug test;
    • Not notifying your probation officer about a move or job change;
    • Quitting your job or leaving school;
    • Failing to complete mandatory drug or alcohol counseling; and
    • Failing to pay fines, fees, or restitution.
  • New Criminal Offenses
    • Summary offenses.
    • Misdemeanors.

Does a probation officer have to report a violation?

It is under the discretion of a probation officer to report a probation violation of repeated or serious violations. They may or may not report the first discretion if it was small yet if it repeats they are likely to.

Can you drink alcohol on probation in PA?

There is a no-alcohol clause for just about any offense in the state of Pennsylvania and your chances of getting out of this probation violation are small. Make sure you are not consuming alcohol during your probation.

Does PA extradite for probation violation?

As a general rule for people arrested in Pennsylvania, if you are charged with committing a crime in another state including probation violation, skipping bail, or violation of parole, you may sign a written waiver of extradition form.

Speak to Your Attorney & Bail Bondsman

If you have committed a probation violation you may be able to contact your local bail bondsman for assistance. What’s more, make sure to get in touch with your attorney to see what courses of action can be done to help with your probation violation so that you can take the correct approach following a probation violation. As with any case that involves legal matters it’s important to be aware of deadlines, court proceedings, and other restrictions and follow through with them while making an effort to be on good behavior. If you have any questions or are confused about the terms given with your probation or particular case seek legal advice and representation soon.

If you need help with a probation violation in Lebanon and Reading, PA call 888-224-5711 with Bail Shop, LLC!

Do You Get a Bond for Failure to Appear?

A Judge Hearing a Case.

Do you get a bond for failure to appear?

Failure to appear in court after your release from jail is a serious issue. After all, if you were released on bond or on your own recognizance, you were released because you promised to make your court date. When you’ve failed to appear, a warrant will be issued for your arrest. You can face further charges, including “default in required appearance,” and spend time in jail before you go to court. 

Moreover, the bail money you posted will be forfeited to the state, and a new bail amount may be set. This new amount is often considerably higher than the previous amount of bail, and the judge may set conditions and restrictions that may limit what you can do. Because you’ve now shown evidence that you are a flight risk, the judge may determine not to set bail, and you will have to remain in jail until the next available hearing.

If you’ve been arrested for failure to appear in Lebanon and Reading, PA and bail has been set, the team at  Bail Shop, LLC may be able to help you with the bond. Find out how we can help by calling 888-224-5711. Remember, appearing in court is your duty once you are bonded out. We will make every effort to ensure you meet your court date.

What happens when you get a failure to appear?

Even if you have a good reason for your failure to appear in court, unless you’ve contacted the court beforehand and made other arrangements, the court can issue a bench warrant for your arrest. Depending on how serious of a crime you’re charged with, the judge may ask law enforcement to arrest you at any time and anywhere, whether you are at work, school or elsewhere. You can be charged with failure to appear along with your previous charges. If your previous charges are serious, because you’ve proven a flight risk, no bail may be set and you’ll have to remain in jail until your next court hearing.

Is failure to appear a misdemeanor or felony?

Failure to appear can be either a misdemeanor or a felony, depending on the underlying charge. In Pennsylvania, the failure to appear charge will be “default in required appearance,” which will either be a second-degree misdemeanor or third-degree felony, depending on the circumstances.

How long do you go to jail for failure to appear?

The amount of jail time that you can receive for failure to appear will depend on whether previous charges were a misdemeanor or felony offense. If they were a misdemeanor, you can receive a maximum fine of $1,000 and up to 6 months in county jail. For a felony, the amount of jail time will vary, depending on if you posted bail previously. If you posted bail, you’ll be fined a minimum of $10,000 and receive jail or prison time amounting to 16 months or two, three, or four years.

Is failure to appear a bench warrant

Judges often issue bench warrants for failure to appear. This is a warrant for your arrest that’s issued by the judge in the courtroom when it becomes clear you are not going to appear for your assigned court date. Bench warrants are as valid as any other arrest warrants, and law enforcement can execute them at any time or anywhere. They can come to your home, to your school, or even to your place of employment.

Do failure to appear warrants expire

Once a bench warrant has been issued for failure to appear, it does not expire. You can be arrested at any time and anywhere. Even if you move, you can still be arrested. The warrant is good until you die or the judge decides to recall it for some reason. 

Does failure to appear go on your record

If you are convicted for failure to appear, the charge is a criminal offense and will be placed on your criminal record. It can also affect conditions of your release if you are ever jailed again on criminal charges. Additionally, it will appear on background checks.

Can a failure to appear be dismissed?

It is possible for failure to appear to be dismissed. 

You can either:

  • Appear in court yourself. You must appear in the court where the warrant was issued. Do not turn yourself in to the police or you will be arrested.
  • Allow your attorney to appear for you (normally only on misdemeanor charges)
  • Appear in court with your attorney.
  • A charge may also be dismissed if there was a failure to enter the warrant in the correct database.

Failure to appear in civil court

Although civil court and criminal court cases differ greatly, under certain circumstances, you can be held in contempt of court for failure to appear, and a bench warrant may be issued for your arrest. This normally happens only if you were subpoenaed to appear in court. In most cases, however, if you aren’t subpoenaed and do not appear in court, the court normally makes a default ruling against you. This often happens when creditors sue you for defaulting on a loan. If you were the plaintiff in a civil case and do not appear in court, the judge will normally dismiss the case.

A Judge Signs a Court Document.

Call Today for Help

If for whatever reason a bench warrant was issued for failure to appear in Lebanon and Reading, PA, bail may be set by the court after your arrest, and Bail Shop, LLC can help you with bonding out. Find out how we can help by calling 888-224-5711.

How Much is Bail for a Drug Charge?

Drug exchange of cash for drugs

How to handle drug charges

Being arrested can be a scary thing for anyone and posting drug charge bail can be challenging and confusing if you’ve never been in this position before. Unfortunately, there are people that getting arrested on drug charges is almost as common as getting a speeding ticket. For those people posting bail on drug charges isn’t an unusual thing for them either.

In most states, including Pennsylvania Drug charge bail is determined by a judge, and bail can be different for everyone who is arrested on drug charges. In this state, there are five different categories of bail:

  • Recognizance – If there is an ideal bail, this is the one. This requires the defendant to sign a form agreeing to return for their court date. Eligibility for this requires the defendant to prove the following: Strong employment or family connections in the community; no indication of being a “flight risk” and skipping out on bail or eluding law enforcement; no danger to self, the general public or any possible witnesses.
  • Nonmonetary Conditions – The defendant must satisfy the court they are able to comply with certain conditions set forth by the just that do not involve money, such as leaving the jurisdiction.
  • Unsecured Bail Bond – The defendant is not required to pay bail or make a deposit with money, instead, they put up collateral and sign an agreement that they are liable for the money if they violate bail, such as not appearing for a court date or traveling outside of the jurisdiction.
  • Nominal Bail – This type of release is referred to as surety bonds and requires a small deposit that is deemed to be sufficient security to release the defendant while a bail bondsman provides surety. The bail bondsman may require collateral, like a lien on the defendant’s home.
  • Monetary condition – Compliance with a monetary condition that is a reasonable amount to ensure the defendant appears and complies with bail conditions. 

How much is bail for a drug charge?

There is not uniform bail for drug charges. Drug charge bail bonds can be significantly different based on the charges. For example, a misdemeanor versus a felony, a felony charge can be five to ten times higher because of possible flight risk.  The factors that a judge considers when setting bail are:

  1. Defendant’s age
  2. Any current or outstanding charges
  3. Defendant’s criminal history
  4. Prior record
  5. History of not appearing in court
  6. Any perceived threat of danger
  7. Defendant’s record of substance abuse
  8. Based on these considerations, a judge can rule the drug charge denied bail.

How much time can you get for a drug charge?

If a drug possession charge becomes a conviction, the penalties in Pennsylvania can vary, using the same considerations as above for setting drug charge bail, in addition to other factors that could influence a judge’s ruling.  The following are baselines, and a judge may follow these to the letter or could rule less or more than these baselines:

  • Drug Possession First Offense: Misdemeanor with 12 months of jail time with a fine not to exceed $5000.
  • Subsequent Offense: Misdemeanor, up to thirty-six months of jail time with a fine not to exceed $25,000.
  • Small Amount Marijuana Possession: Misdemeanor up to thirty days of jail time with a fine not to exceed $500.
  • Drug Paraphernalia Possession: Misdemeanor up to twelve months of jail time with a fine not to exceed $2,500. 

Other penalties that a judge can add to these or may be automatically included:

  • Driver’s License Suspended
  • Loss of the right to own or be in presence of a firearm
  • A mandatory drug treatment program
  • Child custody/visitation

Consequences a defendant can face outside of the judge’s ruling are loss of a job, car insurance canceled or premium increase, ineligible for student loans, etc.

Can a possession charge be dropped?

While rarely do the courts will drop the drug possession charges, it isn’t impossible. The strongest way for the defendant’s attorney to have charges dropped is to show that the prosecutor has failed to show proof during the discovery part of the trial.

Can you get bail on a felony charge?

In the state of Pennsylvania, drug charge bail protocol can vary between counties, however, the general rule for a defendant facing misdemeanor charges are mailed a statement of their charges and their court summons by mail, if they are not considered a flight risk.

Regarding a felony drug charge, bail will be set using the same factors of consideration that we listed earlier. This does not mean that every person facing drug charges may automatically post bail, and any charges of an offense that could be sentenced to death or life in prison, no bail will be set.

With drug trafficking charges, bail will be set at high by the judge because this initial appearance by the defendant is only supported by the affidavit of the arresting officer. If the affidavit states there was a controlled substance involved in the suspected drug trafficking, the bond judge will typically set the bond at a 6-figure amount.

arrested for drug charges and facing potential probation

Can you get probation for a felony charge?

Probation is possible for certain felony convictions which may include the defendant meeting certain requirements like maintaining employment, going to drug counseling, and other types of requirements. Violation of these stipulations of probation can result in the defendant being returned to jail, and probation revoked.

Being arrested for any type of offense is not to be taken lightly, and with charges as severe as drug charges, the accused should seek legal counsel immediately.  Any person arrested with drug charges may remain silent and the right to an attorney who will follow through with a drug charge bail being posted. If you need bail for drug charges charges in Lebanon and Reading, PA, call 888-224-5711 today!

What is Typical Bail for DUI?

DUI bail can get you behind bars.

What is Typical Bail for DUI?

It’s important to consider that the more arrests and convictions an individual has on their record, the higher they can expect their DUI to be. For a misdemeanor DUI bond, an individual can expect to pay anywhere from five-hundred to ten-thousand dollars. Felony DUI is far more serious. A felony DUI bond can be up to fifty-thousand dollars. Again, the dollar amount ultimately depends upon your criminal history. If you need large cash bail bonds for your bail, please make sure to make the proper accommodations. Nothing can be more beneficial than citizens performing their civic duty and paying their debt to society. 

How Long Can They Hold You In Jail for a DUI?

Dui bail bonds are serious business. In every state in the United States, a first offense DUI or DWI is classified as a misdemeanor. It is also punishable by up to six months in jail. Under certain circumstances, that amount of jail time can be increased. This is because a repeat DUI offender will incur more jail time than a first time offender.

Does a DUI Ruin Your Life?

A DUI doesn’t have to ruin or control your life. If you have been convicted of a DUI, the consequences could include a fine, a suspended sentence, and community service or jail time. An additional consequence of a DUI could be lost time at work. In such cases, it is important to make sure that your DUI doesn’t affect your job performance. The fine amount for your DUI will vary depending on the circumstances of your DUI. Inevitably, it is important to learn from your DUI mistakes, and make safe, responsible choices in the present and the future.

How Bad is a First Offense DUI?

If you have a DUI, it will be important to consider all of the ramifications. Please review the following ramifications of a first offense DUI.

  • Probation. When an individual is convicted of their first DUI charge, they can expect some type of probation. Depending on the circumstances of the case, the court can order the defendant to serve time in the county jail as a condition of the probation. Depending on the laws in your state, you may be required to spend time in jail even for misdemeanor offenses.
  • License suspension. While the first charge for a DUI offense is generally considered a misdemeanor, virtually every state will suspend your license for a short amount of time.
  • Fines. As previously mentioned, fines are usually an important part of the punishment for a DUI. Fines will vary according to the circumstances but have a general range of five hundred to ten thousand dollars.
  • Community service. Another critical ramification of a DUI is the implication of community service. Community service is an important benefit to society.

Is Your License Suspended Immediately After a DUI?

Technically speaking, a license suspension is imminent approximately ten to thirty days after any DUI or DWI arrest under the law in every state in the United States. For a first time offense DUI, the license suspension can last up to six months on average.

How Much is DUI Bail?

Do you have a lot of arrests and convictions on your record? The more arrests and convictions on your record, the more that you can expect to pay for your DUI bail. Accordingly, a misdemeanor DUI bail typically runs between five hundred dollars and ten thousand dollars. Do you have a felony DUI bond? If so, you should expect to pay up to fifty thousand dollars.

What is a DUI Bail?

Let’s first begin with a definition of what bail is. Bail is the process through which a DUI suspect is given the opportunity to pay money in exchange for his or her release from police custody. This opportunity is usually extended after the booking process.

DUI Without Bail

There are special circumstances where DUI can result in a release from police custody without bail money. If a DUI suspect is arrested and booked, there is an opportunity for such an individual to be granted an “own recognizance” release. With an “own recognizance” release, no bail money needs to be paid to the court and subsequently, no bond is posted. In these circumstances, the suspect is released after making a promise, in writing, to appear in court for every single upcoming proceeding. 

DUI bail is serious business

DUI Monitoring and Bail

It is important to consider that drivers charged with felony aggravated DUI will be subject to more penalties. These penalties include cash bail or being required to wear an electronic alcohol-monitoring anklet. In order to ensure that you or someone you love is not convicted of a DUI, please make sure to always remain sober before getting behind the wheel.

At Bail Shop, LLC we get you the freedom you require to pay your debt to society. Call our professional bail bondsmen at 888-224-5711 to hear dependable information about DUI bail in Lebanon and Reading, PA. 

What happens after bail is posted?

a police car transporting arrested individual

Posting bail, post-arrest

Being arrested and going to jail is unsettling for both the person arrested and their family, friends, even co-workers. The first concern for everyone is to get that person released. There is a process that must take place, involving several steps, which we will cover here.

The first step of the process is “booking” and a bail hearing. The booking is getting the person’s name into the system and the bail hearing will determine that a person can be released before a trial is scheduled and how much will it cost to post bail. A judge will preside over this hearing and is the one that will determine how much is needed and if the accused can post bail or bond with no conditions.

This is the point where a family member or friend will seek the service of a bail bondsman to post bail for the accused. You can post bail without a bondsman if you know somebody that has the full amount of the bail the judge has set. This can be as small as $100, or even less. It can also be in the millions – all depending on what the judge sets the bond.

Do you still go to jail if you pay bail?

Upon being arrested, the accused is typically placed in a “holding cell” after being booked. They will stay there until their bail hearing, which as we explained above, is when a judge will determine if they are able to post bail and be released, and how much that bail is set. The “holding cell” is usually not in the same area as the long-term cells. Think of it as akin to the triage room of a hospital emergency room.

Can you post bail before seeing a judge?

After the accused is booked, depending on the crime, the courts may offer the defendant the option to post bail based on a pre-determined schedule for common crimes, usually nonviolent misdemeanors. If the accused accepts the option and can post bail on their own, they are released from jail.

What happens if the accused declines the option to post bail or can’t post bail? They will be placed in a holding cell until an arraignment is set, where they will go before a judge.

As seen in movies and on television, anyone arrested is allowed one phone call. The person they all can post bail for someone if they have the financial means.  Not all municipalities have courts in session with a judge that rules on how much the accused will need to post bail on weekends. In that case, the accused may be placed in a regular cell until the next day the court is in session with a judge.

How long does it take to get out of jail after posting bail?

After the accused post bail themselves, another person, or with a bail bondsman, they will be freed from jail. This doesn’t mean their legal matters are over though. When you post bail, it is a security that the defendant will return to court on the date issued by the judge.  The purpose of a financial expense to post bail it to discourage the accused from not showing up for their trail or leaving town with no intention of returning. If the accused does not show up as detailed in the conditions when they post bail, a warrant for their arrest will be issued.

Can you post your own bail?

If the accused is financially able and has the cash on hand, yes, you can post bail yourself. Otherwise, you must contract with a bondsman.

arrested and on the way to jail

What happens if you don’t post bail?

Simple answer: You won’t be set free from jail if you can post bail that is determined by the court or the judge. You will remain incarcerated until your court date. This can be anywhere from a week to several months.

In review, the typical process and steps after being arrested will go something like the following:

  • The accused is transported to the police station where they are booked.
  • After booking, the court may offer the accused an option to post bail which is based on a pre-determined schedule of common, non-violent crimes. If they are able and willing to post bail, they are released from jail.
  • If the accused cannot post bail in the amount offered or refuses to post bail, they are placed in a holding until their court hearing or an arraignment.
  • At the arraignment or hearing, the accused can plead guilty or not guilty and the judge will set a bail amount. This accused can pay that amount out of pocket in cash or seek the services of a bail bondsman.
  • Prior to your court date, the recommendation is as soon as you are released from jail, you should seek the services of an attorney. This should be done even if you know that you are guilty of the charges against you. They will work to get the best sentencing for you possible.

Every citizen’s goal should be avoiding arrest, but things happen, and therefore we have a legal system in place. Following the letter of the law is always best, but if we don’t, we can depend on the legal system and due process. Call 888-224-5711 today for posting bail in Lebanon and Reading, PA.

What Happens When Charged with Aggravated Assault?

An Arrest of a Man.

Can Aggravated Assault Be Dropped?

An aggravated assault charge is a serious crime in Pennsylvania. Many people who aren’t familiar with this type of crime might be wondering, “What’s aggravated assault?” Aggravated assault is when someone causes or attempts to cause, intentional bodily harm to another person. When a person is charged with this crime and taken to trial, the prosecution will have to determine that the person who committed the crime acted recklessly, intentionally, or knowingly. People might ask, “What is an example of aggravated assault?” To get a better idea of what this type of assault is, we will provide an example. Hitting someone or threatening to hit someone using a weapon or another threatening item would be considered aggravated assault. So, how serious is aggravated assault? To find out how serious this type of assault is, we will include the charges and penalties for simple and aggravated assault in the state of Pennsylvania.

Simple Assault Charges/Penalties

  • 2nd-Degree Misdemeanor: When you threaten someone verbally with bodily harm, then that will be considered a 2nd-degree misdemeanor. This penalty for this type of charge is of one or two years in prison and a $5,000 or higher fine.
  • 1st-Degree Misdemeanor: A simple assault can go from a 2nd-degree to a 1st-degree misdemeanor if the victim of bodily harm is 12 years or younger. The penalty will be two and a half years or five years in prison, with a fine of up to $10,000.

Aggravated Assault Charges/Penalties

  • 2nd-Degree Felony: If you intentionally cause bodily harm, attempt to cause bodily harm, that is considered aggravated assault. With a 2nd-degree felony, someone will get five to 10 years in prison and have to pay a fine of up to $25,000.
  • 1st-Degree Felony: Aggravated assault goes from a 2nd-degree felony to a 1st-degree felony when the assault is brought against public servants and government officials like police officers or public defenders. The penalty is 10 to 20 years in prison, with a fine of up to $25,000.

Many people want to know if aggravated assault charges can be dropped. The only way they could be dropped is if the prosecution can’t prove that the accused was not acting in self-defense. If they prove that the accused was not acting in self-defense, you will most likely be charged.

Aggravated Assault Vs Simple Assault

Many people ask, “What are the different types of assault?” In Pennsylvania, there are two types of assaults, simple and aggravated. When someone learns that there are two different types of assault, they usually ask, “What is the difference between assault and aggravated assault?” Simple assault is when someone uses physical actions or words to threaten someone with bodily harm. An example of simple assault would be if someone said they were going to hit another person or shake their fist in a threatening way. Simple assault can also be when someone attempts to hurt someone but doesn’t contact the other person. Simple assault is a misdemeanor charge, with prison time of up to two to five years and fines ranging from $5,000 to $10,000.

Aggravated assault is when someone knowingly or intentionally (and even attempts) to cause bodily harm to someone else. An example would be punching someone in the face. Aggravated assault is felony charges in Pennsylvania, with the charges going from a 2nd-degree to a 1st-degree felony when you cause bodily harm to a firefighter, sheriff, district attorney person who works for the government or is a public servant. Prison time for aggravated can be anywhere from five to 20 years, with a fine of up to $25,000. So the difference is that aggravated assault is worse than simple assault.

Is Battery Worse Than Assault?

Every state looks at battery and assault differently. Some charge them as separate crimes, whereas some states merge them into one charge. Typically assault is classified as acting in a way where another person would feel threatened; assault doesn’t have to be physical. Battery is causing bodily harm without the consent of the other person. The definition of assault usually applies to simple assault, but when someone threatens and causes bodily harm to someone else, it can be considered aggravated assault or even battery. In Pennsylvania, there are no specific battery charges; battery is usually lumped in with assault charges. Based on Pennsylvania’s assault laws, battery isn’t worse than assault because battery is grouped with assault.

Aggravated Assault Bail

A Man in an Orange Jumpsuit and a Lawyer Talking to a Judge.

Contact Our Bail Bond Agents!

 If you need bail for aggravated assault in Lebanon and Reading, PA, please call Bail Shop, LLC! We have bail services that will be able to get you released from jail quickly. Whether you need help with arrest warrants help or large cash bail bonds, our bail bondsmen are more than happy to work with you! Contact us at 888-224-5711 for more information about our bail bond services and how we can secure your release from jail on an aggravated assault charge. | Note: Content edits for search optimization. We’d love to hear from you today.

Is Carrying a Concealed Weapon a Felony Or Misdemeanor?

Wooden Gavel and Gun Over US Flag

Become Aware of Weapons Use

When you’re interacting with a weapon it’s important that you toe the line within your state’s statutes and regulations. Weapon charges are numerous and can hold onto many specifics which can be hard to navigate once you’ve been charged. When you’ve recently gotten weapon charges to get into contact with a qualified lawyer and bail services to assist you in getting out. Bail can ultimately range from drug possession bail to other charges and can assist you through the legal process that follows a given charge in your state. It’s important to stay afloat of any legal ramifications regarding improper weapons use so you aren’t making any decisions that can prove to be difficult in the future. The health and safety of yourself and those around you should always be considered of the utmost importance no matter the situation. Do your research as per the guidelines and rules of the state that you live in and seek legal advice whenever you find yourself with a charge, be it weapon charges or other similar situation. Here is some information regarding weapons that can be useful to you in the state of Pennsylvania.

What does weapon offense mean?

A weapon offense signifies when there are violations from held regulations or statues which control interactions or use of deadly weapons. Deadly weapons could include certain knives, ammunition, explosives, firearms, and silencers.

Is possession of a weapon a felony?

Possession of a weapon if you’re not a felon is not considered a felony. If you are a felon in possession of a firearm that is considered a Class D felony which can be punishable up to 10 years in prison, $250,000 in fines as well as 3 years of supervised release.

Can deadly weapon charges be dropped?

Deadly weapon charges can be particularly severe when an assault or other crimes are tacked on it and will most likely be hard to drop with evidence or previous records. An assault with a deadly weapon is considered a second-degree felony with fines as high as $10,000 and 2-20 years of prison time. With first degree felonies, you can serve 5-99 years to life in prison with fines up to $10,000.

What happens if you get caught with a loaded gun?

Carrying a loaded firearm is a misdemeanor and can be punishable by a year in jail and/or up to a $1000 in fines.

Judge Gavel & Legal Library With Scale

Types of Weapons Charges in Pennsylvania

  • Illegal Possession of a Firearm
  • Possession of a Deadly Weapon
  • Carrying a Concealed Handgun Without a License
  • Possession of an Unregistered Firearm
  • Unlawful Use of a Firearm
  • Theft or Sale of a Stolen Gun

What is illegal use of a weapon?

Illegal use of a weapon can be dangerous not only for yourself but for the safety of others. When they are used criminally, intentionally or in other cases they can hold serious consequences in the legal realm. Negligent discharging of a firearm or using article liquids or substances that may result in death or bodily harm to a human can result in severe fines and prison time. 

Is possession of a firearm a felony or misdemeanor?

Unlawfully possessing a firearm can result in jail time and fines. Each state will have clear cut rules as to what type of people with certain types of histories may possess a firearm. Depending on your history and past offenses can determine the severity of the category of your charge. Weapon felony charges typically include if you’ve already had a history of violence, illegal use of weapons, and crimes which will prompt legal authorities to tack on more severe consequences and weapon charges.

Be Aware of the Consequences

You may expect different legal procedures depending on the state you reside in concerning having a weapon with charges. The severity of charges may differ if you have convicted weapon charges or other instances in your past which have shown as a warning to not engage or follow through with future use. The legal process of improperly using a weapon against state laws can be a long one with months to years of follow-up. Fines can stack up to the point where your only route would be to seek legal help or enlist in the services of a bail bondsman. Whatever may be the case it’s important to get in touch with legal advisors on what to do next when weapon charges have been laid out. Be sure to do your research and ask questions when necessary if any confusion arises. It’s better to be aware of rules and regulations than find out the hard way by violating them and undergoing the headache and long-time commitment of the legal process. When you’re in need of assistance contact your local legal office for assistance.

If you’re interested in weapon charges in Lebanon and Reading, PA call 888-224-5711 with Bail Shop, LLC!

What Does Appeal Mean?

Gavel In Judge Quarters

How Many Appeals are Allowed?

Generally speaking, the final judgment of a lower court can be appealed to a higher court only once. In any one case, the amount of appeals truly depends on how many courts are “superior” to the court that adjudicated the decision. The superior court will then determine what the basis for the case is. For larger states, there can be three or even four levels of courts. In smaller states, there are only two. Whether or not the case is brought forth in state or federal court will bring a different list of time limits, rules, and procedures. Most state courts require “finality” before the case, though there are many minor differences.

How Does the Appeal Process Work?

The party who files an appeal is known as the appellant. The appellant must show that the trial court made a legal error that affected the decision in the case. The appellant must prepare a legal written document that discussed the arguments concerning the case. In the brief, the appellant must explain that the trial court made errors, and because of that, the decision must be reversed. Appeals are arbitrated by a panel of three judges. The court of appeals may not receive additional evidence or hear out witnesses. Essentially, although some cases are decided based on written briefs alone, many cases are selected for an oral argument before the court.

No matter the circumstances, it is integral for all the participants in a courtroom to display court etiquette. Proper court etiquette includes dressing well for the courtroom, displaying respect to the judge and the lawyers, and being informed about the facts of your case.

What Are The 3 Types of Appeals?

According to Aristotle, there are three primary kinds of appeals that are applicable. The first is logos, which translates to ‘logic’. This argument relates to impartial evidence that is gathered and put forth. The second type of appeal is known as ‘ethos’ which is an ethical appeal. It utilizes moral expertise and knowledge. The third and final type of rational argument is pathos. Pathos relates to an appeal to the audience’s emotions. Essentially, these three types of appeals are utilized to effect a greater change, or an overturn of a wrongful trial.

How Do I File an Appeal?

Consult the following list to determine how you may file an appeal.

  • Hire or speak with an attorney about your case.
  • Identify the correct court to adjudicate your case.
  • Read the local rules correctly, and prepare your court etiquette.
  • Draft notice of appeal.
  • File your notice of appeal.
  • Request a copy of the trial transcript for your case.
  • Write your appellate brief.

If you are presenting an appeal to the court, it is important for you to post an appeal bond. Appeal bail bonds are required by the court to weed out fake or frivolous appeals that drain court resources.

What Happens When You Win an Appeal?

In cases where an individual wins, the case is “remanded.” This translates to meaning that the case will be sent back to the trial court or judge responsible for your conviction (and/or sentencing.) If the case is remanded, then you might receive a new trial on the criminal charges, be given a chance to negotiate a plea bargain, be given a new sentencing hearing, or even get released from jail or prison. The repercussions will vary.

Appeal is Dismissed

If you do not follow the rigorous code that governs the appeals process, or if the appellate court concludes that the appeal is frivolous, then expect to have the appeal dismissed. It is also possible to have the case dismissed if the case loses relevance. If the case can’t give the requested relief, the higher court will dismiss the appeal. Just as frivolous lawsuits can be filed, so frivolous appeals fall into the same category. When the case is settled after the trial but before the appeal, the appeal loses relevance, becomes “moot” or is deemed non-applicable.

Set of Scales In Courtroom

Appeal Lawyers Near Me

While the trial process can be exhausting, it is important to find an appellate lawyer to take the case to the next level. Usually, the defense attorney that adjudicated your original trial will be your natural choice, but for those who desire a fresh start, it’s important to secure a new, qualified attorney. The truth is, getting a new lawyer for the appeal process is the smart way to go. Appellate lawyers have a vastly different set of skills that are far more suited to the process wherein the appeals court lies. When arguing during this process, lawyers are usually summoned to parry disconnected questions from jurists while balancing their arguments within the broader context of the law.

Appeal Vs. Motion

With regard to the question of whether an appeal or a motion are synonymous, it may be confirmed that they are indeed similar. An appeal is known as a request to a different authority to review an adverse decision. In contrast, a motion is a request to the authority that issued the decision to review its decision. In some circumstances, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case.

Appeal Bond

Such a bond may be defined as an amount of money that is placed in holding while an appeal is being decided. These bonds are purchased by the appellant who is currently appealing the lower court’s judgment, and the amount deemed acceptable is usually the amount of the original judgment.

When you need an appeal in Lebanon and Reading, PA, call Bail Shop, LLC first at 888-224-5711.

What Happens When You Get a DUI for the First Time?

A Picture of an Arrested Man in Handcuffs.

What’s a DUI Charge?

When you are faced with your first DUI charge, it can be a really scary thing to deal with. Not only because it can involve an arrest but because the entire process can seem completely alien. If you have been arrested for a DUI for a the first time, you probably have a ton of questions that you need answered. Luckily, we have put together answers for commonly asked questions about DUIs and DUI bail.

How Long Do You Have To Stay in Jail for a DUI?

If someone is tried and convicted of a DUI offense in the state of Pennsylvania the amount of jail time for a DUI is going to be based on your blood alcohol content. A first time offender with a BAC of .08 to .099% won’t have any jail time, but they can have up to six months of probation. For first time offenders that have a BAC of .10 to .159%, they can expect prison time for either two day or six months. The highest BAC is .16% and more, so if someone has a .16% and it’s their first offense, they can be in jail for three days or be in prison for six months. In order to get out of jail to prepare for your case, you will need bail for DUI charge. DUI bail will be based on the discretion of the court or the judge presiding over your case.

How Much Does It Cost If You Get a DUI?

Again, if you live in Pennsylvania, the way that the fines or fees are determined if how high your blood alcohol content is. A first offense with a .08 to .099% blood alcohol content is going to be $300. With a blood alcohol content of .10 to .159% on a first offense, that is going to be $500 to $5,000 in fines and fees. When your blood alcohol content is .16% or higher, the total amount of fines is anywhere between $1,000 to $5,000.

Can You Get a DUI Dropped?

For first time offenders, it is very common to ask whether or not a DUI can be dropped. These types of charges can stay on your permanent record, so wanting to get this kind of charged expunged is pretty reasonable. Each DUI case is going to be different, so depending on the particulars of your specific case will determine whether or not you can have your DUI charge dropped. There have been cases where a person with multiple DUI charges have had at least one dropped, so it’s not out of the realm of possibility to have a first time DUI offense dropped. Again, it is really going to depend on the specifics of your individual case whether it will be dropped or not.

What Is a DUI Bail?

DUI bail is when someone who has been arrested can pay money in order to be released from jail. The DUI bail amount is based on certain criteria that are placed by the court or the judge. There many factors that determine the bail amount which are

  • The seriousness of the offense.
  • How many DUIs this person has had.
  • What type of criminal record they have
  • If the person is considered a flight risk.
  • If the person is considered a danger to the community.

Once those factors have been considered, a bail amount will be decided and posted. A lot of times people are unable to afford the bail amount, which is why many people bail services. Getting bail bonds through a bail bond agency can lessen the financial burden that bail can put on someone. There are times when someone can be released from jail without DUI bail or have DUI bail denied. People who have a first DUI offense are more likely to have DUI released without bail if they didn’t crash their car, hurt someone, or have a BAC that is higher than .08%. When DUI bail is denied for a first time DUI offense, the courts or judge could deny someone bail because of their past criminal history or because they think the person is a flight risk.


A Picture of a Shot of Whiskey with Car Keys and Handcuffs.

Whats Worse a DUI or DWI?

While typically, DUI and DWI are used interchangeably a lot of the time, they are actually quite different. The biggest difference that these two crimes have is what the abbreviations of the term mean; DUI is driving under the influence, while a DWI is driving while intoxicated. If you have been drinking and get pulled over and have a BAC of over .08%, you will more than likely be charged with a DWI. If you are driving and have taken illegal substances and have a BAC of over .08%, you will be charged with a DUI. However, there are some states that have a zero tolerance, which means that whether you are under the influence of alcohol or drugs, if your BAC is over the legal limit, you will be charged with a crime.

The state of Pennsylvania has a zero tolerance policy when it comes to drinking or being under the influence while driving, so they don’t really distinguish between a DWIs and DUIs because they are both crimes which involve high BAC levels. If you are needing DUI bail in Lebanon and Reading, PA, the bail bond agents at Bail Shop, LLC can help! Whether you are in a position where you need felony or misdemeanor bail, our team is ready to help you out. Give us a call at 888-224-5711 to learn more about how we can help you.