Bail Hearings & Detainers

Once you are arrested, you will be brought before a commissioner or judge and bail will be set. More serious charges will generally lead to higher bail. Other factors that will be considered will be past criminal history, any history of past failures to appear in court, ties to the community, family situation, and employment history.

Obtaining a reasonable bail will allow you to maintain your liberty while you prepare to fight your case. If your bail is initially set high, a motion to reduce your bail may be filed. A court hearing will be set where the government will most likely object to any reduction. It is important that you have experienced counsel on your side to effectively present an argument for the lowest possible bail.

Nebbia hearings are related to bail hearings. They are held in drug cases where the Commonwealth files a motion to compel a criminal defendant to demonstrate that the money used to pay bail comes from a legitimate, legal source of income. Bank statements, payroll information, and other financial information must be gathered and presented to the court prior to the hearing so that your release on bail may be obtained without delay.

Finally, individuals who are being supervised on parole or probation at the time of a new arrest often discover that a detainer has been lodged against them. Simply put, a detainer is an order of the court that will hold the individual in custody up until it is removed or “lifted.” A motion may be filed to remove the detainer while the new case is pending. It is important that counsel is prepared to offer compelling reasons as to why you should be released pending the outcome of new charges.

It is important to immediately consult with counsel regarding the interaction of a new case with a parole/probation matter, as an individual may pay bail on the new case, only to discover that they will not be released due to the presence of a detainer. Further compounding the problem is that the courts will commonly keep a percentage of any bail money paid – despite the fact that the payment did not secure your release due to the presence of the detainer.

Contact our office to discuss how to best handle your specific parole/probation detainer situation.

Not Guilty – Philadelphia Firearms Case

Commonwealth v. A.H.

Client was charged with illegal possession of a firearm and several charges related to the firearm charge. The police alleged that they observed client place an item in the rear compartment of a sport-utility vehicle. At trial, Mr. Kadish elicited testimony from the police that any movement made by client in the vehicle would have been incredibly difficult for police to observe.

Result: Client acquitted of all charges.

All Charges Withdrawn – Philadelphia Drug Case

Commonwealth v. S.S.

Client accused of possessing a large amount of crack, with the intent to deliver, along with drug paraphernalia and a firearm. During a motion to suppress drugs, drug paraphernalia and a gun found during a search, Mr. Kadish demonstrated that the police entered the bedroom without a search warrant or valid exception to the warrant requirement.

Result – Commonwealth withdrew all charges.

Not Guilty – Murder, Assault & Firearms Case

Commonwealth v. G.M.

Client charged with Attempted Murder, Aggravated Assault, and Firearms charges after a shooting inside a diner. During trial, Mr. Kadish’s cross-examination of police and witnesses called into question the identification of client as the shooter. Closer examination by Mr. Kadish of the recovered videotape showed client fleeing from the scene along with other patrons, without a firearm.

Result: Client acquitted on all charges.


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