234 Pa. Code § 529 - Modification of Bail Order Prior to Verdict
(a) The issuing authority who is the
magisterial district judge who was elected or assigned to preside over the
jurisdiction where the crime occurred, upon request of the defendant or the
attorney for the Commonwealth, or by the issuing authority sua sponte, and
after notice to the defendant and the attorney for the Commonwealth and an
opportunity to be heard, may modify a bail order at anytime before the
preliminary hearing.
(b) A bail
order may be modified by an issuing authority at the preliminary
hearing.
(c) The existing bail
order may be modified by a judge of the court of common pleas:
(1) at any time prior to verdict upon motion
of counsel for either party with notice to opposing counsel and after a hearing
on the motion; or
(2) at trial or
at a pretrial hearing in open court on the record when all parties are present.
(d) Once bail has been
set or modified by a judge of the court of common pleas, it shall not be
modified except
(1) by a judge of a court of
superior jurisdiction, or
(2) by
the same judge or by another judge of the court of common pleas either at trial
or after notice to the parties and a hearing.
(e) When bail is modified pursuant to this
rule, the modification shall be explained to the defendant and stated in
writing or on the record by the issuing authority or the judge.
Notes
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