Bail in the federal system is very different than bail in the state system. At your first appearance in federal court, a magistrate judge will decide if you should be released, with or without bail, or held in jail until a hearing is scheduled. Depending on your charge(s), there may be a hearing to determine whether you should be released and, if so, what the conditions of your release will be. This hearing may take place at your first appearance, or on another day soon after the first appearance.
At your first hearing in federal court, a magistrate judge will make sure you understand the criminal charges against you and your rights, including your right to an appointed attorney if you cannot afford one. If you request an appointed attorney, the magistrate judge will decide if you qualify for a court-appointed attorney. The magistrate judge may also decide at your first appearance whether you will be released on bond or held in jail while the case is pending.
The federal magistrate judge holding the first appearance hearings changes every week. If you are not being assisted by our office at your first appearance, you can call the Office of the Clerk of Courts to find out the exact start time and location for your first appearance. You can contact the Clerk’s Office at (412) 208-7500 in Pittsburgh, (814) 464-9600 in Erie, or (814) 533-4504 in Johnstown.
Bail in the federal system is very different than bail in the state system. If the prosecutor asks for a person to be held without bail, you have a right to a hearing to determine whether you should be released until your trial date. That hearing is usually held soon after your first appearance in court. If the magistrate judge determines that release is appropriate, she will set conditions to make sure you appear in court when required.
There is no fixed bail amount in federal court. Generally, it depends on the seriousness of the case and your financial circumstances. There are many different types of bail terms, some of which may require money to be deposited with the court or additional family and friends to sign. Usually, if bond is ordered, the bond is “unsecured,” meaning you do not have to put up any money to be released. Bail bondsmen are rarely used in the federal system, so please speak to the attorney handling the case prior to reaching out to a bail bondsman for a federal case.
A bond is basically a contract between you and the court. This contract requires that you show up to your court dates and comply with the conditions of the bond. If you do not, the prosecutor could ask the court to require you to stay in jail while your case is pending. You could also be required to pay the amount of the bond.
A magistrate judge may release you on “conditions” used to make sure that you come back to court as needed. These conditions vary depending on the seriousness of the charges and your personal circumstances.
Each case differs, but here is a list of conditions that the judge may impose for your bond:
Pretrial supervision, drug testing, mental health treatment, travel restricted to the Western District of Pennsylvania, the surrender of your passport, electronic monitoring, a curfew, surrender of firearms, computer monitoring, and/or limits on certain types of employment. These conditions are used to make sure you come to court and for community safety reasons. They will be laid out in a written document that you sign in court. If you need a copy of your release conditions, please ask your lawyer.
If you are released on bond, you must report to U.S. Probation and Pretrial Services, and that office will start supervising you while your case is pending. Your attorney or the Pretrial Services Officer in court will tell you where and when to report.
If you are released after U.S. Probation and Pretrial Services has closed for the day, please call and leave a message and then return first thing the next morning to report.
The following are the addresses and phone numbers of the different offices of U.S. Probation and Pretrial Services in the Western District of Pennsylvania:
In Erie:
U.S. Courthouse
17 South Park Row, Room A-110
Erie, PA 16501
Telephone: (814) 464-9650
In Johnstown:
Penn Traffic Building
319 Washington Street, Suite 110
Johnstown, PA 15901
Telephone: (814) 533-4540
In Pittsburgh:
Joseph F. Weis, Jr. U.S. Courthouse
700 Grant Street, Suite 3330
Pittsburgh, PA 15219
Telephone: (412) 395-6907
If you are accused of violating any of your pretrial release conditions, the court will hold a hearing regarding the alleged violation and may either place you in jail, modify the conditions of your release, or take no action at all. If you are found to violate a condition of your release, the court may also find that you owe the amount of your bond, and may allow the government to collect up to the full amount of the bond against you.