Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
CHAPTER 57
BONDS AND RECOGNIZANCES
Subchapter
A. General Provisions
B. Bail Bondsmen
C. Special Provisions
Enactment. Chapter 57 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
5701. Right to bail.
5702. Bail to be governed by general rules.
§ 5701. Right to bail.
All prisoners shall be bailable by sufficient sureties, unless:
(1) for capital offenses or for offenses for which the maximum sentence is life imprisonment;
or
(2) no condition or combination of conditions other than imprisonment will reasonably
assure the safety of any person and the community when the proof is evident or presumption
great.
(Aug. 27, 2009, P.L.376, No.39, eff. imd.)
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1987–2024 · leading case:
Com. v. Speed, J., 2024 Pa. Super. 206 (Pa. Super. Ct. 2024).
Com. v. Speed, J., 2024 Pa. Super. 206 (Pa. Super. Ct. 2024).
· cites it 3× “Both the Pennsylvania Constitution at Article I, § 14, and 42 Pa. C.S. § 5701(a) provide that all prisoners “shall be bailable .”
Commonwealth v. Woomer, 8 Pa. D. & C.5th 178 (2009).
“See 42 Pa.C.S. §5701. 24 *216 This section was made applicable “for offenses for which the maximum sentence is life imprisonment” by a constitutional amendment approved on November 3, 1998.”
Commonwealth v. Scarfo, 43 Pa. D. & C.3d 339 (1987).
“Article 1, §14 of the Constitution of Pennsylvania and 42 Pa.C.S. §5701 provide that “All prisoners shall be bailable by sufficient sureties, unless for capital offenses when proof is evident or presumption great.”
Com. v. Crumbley, T. (Pa. Super. Ct. 2017).
“See also 42 Pa.C.S. § 5701. Because Appellant was charged generally with the offense of criminal homicide, two grades of which are punishable by life imprisonment, he was not entitled to release on bail.”
Jameice Nash v. James Kenney (3rd Cir. 2019).
“” 42 Pa. Cons. Stat. § 5701 . To the extent that the prosecutors argued that bail was not appropriate in Nash’s case, they are protected by prosecutorial immunity.”
Lazar v. Coleman (E.D. Pa. 2023).
“See 42 Pa. C.S. § 5701. Eligibility for release pending retrial is therefore properly a matter for state authorities.”
— 42 Pa. Cons. Stat. § 5701(a) — 1 case
Com. v. Speed, J., 2024 Pa. Super. 206 (Pa. Super. Ct. 2024).
“Both the Pennsylvania Constitution at Article I, § 14, and 42 Pa. C.S. § 5701(a) provide that all prisoners “shall be bailable .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.