For the Defense - Vol. 5, Issue 2 - 6

Getting Your Client
Released on Nominal Bail

Katherine Ernst

G

etting your client released on bail pretrial
is not just important for restoring your
client's liberty; it is also critically important
to the outcome of their underlying case. Pretrial
detention harms defendants in numerous ways.
It impairs their ability to gather exculpatory
evidence, makes confidential communications
more difficult, and the shackles worn by the
detainee create the superficial impression of
criminality.1 Numerous studies have shown that
clients who are detained pretrial are significantly
more likely to be found guilty.2 Thus, getting
your client released on bail should be a top
priority.
Thankfully, Pennsylvania Rule of Criminal
Procedure 600(B) provides a mechanism to get
your client's bail reduced to $1 after 180 days of
pretrial incarceration. Unfortunately, however,
the legislature amended Article I, § 14 of the
Pennsylvania Constitution in 1998 in a manner
that can complicate the process of getting your

6

For The Defense l Vol. 5, Issue 2

client released. This article will explain how to
navigate this often misunderstood area of law so
that you can reunite your client with their family
and ultimately win their case.
Rule 600
Rule 600(B) provides the right for a defendant's
release on nominal bail after 180 days of
confinement.3 To compute the period of pretrial
incarceration, days are counted from the date on
which the complaint is filed and only periods of
delay caused by the defense are excluded from
the computation.4 Thus, when contemplating any
non-critical requests for continuances, this time
period should be kept in mind.
If Rule 600 were the only law in play, every
single non-murder defendant would be released
on nominal bail after 180 days. In fact, prior to
the amendment of Article I, § 14 in 1998, that is
how the system worked.



For the Defense - Vol. 5, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 2

Contents
For the Defense - Vol. 5, Issue 2 - 1
For the Defense - Vol. 5, Issue 2 - 2
For the Defense - Vol. 5, Issue 2 - Contents
For the Defense - Vol. 5, Issue 2 - 4
For the Defense - Vol. 5, Issue 2 - 5
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