Bail in Northampton and Lehigh County: How It's Set, How to Post It, and How to Get It Changed

Scope. This guide explains pretrial bail in Pennsylvania and the posting procedures Northampton and Lehigh Counties publish. It also explains how the rules change after a finding of guilt. Statewide rules, official county pages, and the Lehigh posting and fee schedules were checked on September 7, 2026. The bail order, other custody orders, and current court instructions control the individual case.

The short version

Bail is a release decision, not a fixed price attached to a charge. The court considers appearance, compliance, and the constitutional limits on release. Pennsylvania recognizes five types of bail. Recognizance and nonmonetary release require no deposit; unsecured bail creates a financial obligation without an upfront deposit; nominal bail requires a small cash amount and a surety; and monetary bail requires security. Conditions can be combined.

When a monetary condition is necessary, the judge must consider the person's financial ability. Both counties operate percentage-cash-bail programs, but 10% bail must be authorized. It is a deposit toward a bond for the full amount, not a limit on the surety's potential liability. Before a family member posts, decide who will be the named depositor, who will sign as surety, and what can happen to the money.

Bail can be revisited. Proof of employment, residence, family ties, previous court appearances, and a workable supervision plan can support a request to change the amount or conditions. That preparation does not guarantee release, and posting in one case does not remove a separate hold. For the arrest sequence, start with our first-48-hours guide.

The right to bail, and its limits

Article I, § 13 of the Pennsylvania Constitution prohibits excessive bail. Section 14 provides a right to bail by sufficient sureties, with exceptions for capital offenses, offenses carrying a maximum of life imprisonment, and cases where no condition or combination other than confinement will reasonably assure the safety of a person and the community, under the constitutional proof-evident or presumption-great standard.

Pa.R.Crim.P. 520(A) requires pre-verdict bail as permitted by law and requires written or recorded reasons when bail is refused. Rule 520(B) states: “A defendant may be admitted to bail on any day and at any time.” That does not mean every office accepts every form of security around the clock.

Who sets bail, and when

In a case begun by arrest, a magisterial district judge ordinarily sets bail at the preliminary arraignment. Under Rule 540(F)(1)–(3), the judge must explain counsel rights, the preliminary-hearing right, and, if the offense is bailable, the type of release and bond conditions. Rule 540(F) also says the judge “shall not question the defendant about the offense(s) charged but shall read the complaint to the defendant”. The preliminary arraignment is not the occasion to try to explain away the charge.

For the ordinary preliminary-hearing track, the current schedule is not later than 14 days when the defendant is in custody on the current case only, and no later than 21 days when not in custody or held for another reason, measured from the preliminary arraignment in both cases, unless extended for cause shown. Rule 540(G)(1). The rule separately addresses waiver with counsel and cases presented to an indicting grand jury. The defendant must have an immediate opportunity to post bail if required, including a reasonable opportunity to contact a necessary person. Rule 540(H).

Northampton County. The court's Pretrial Services description says officers gather criminal-record, employment, residence, and family information and recommend monetary, nonmonetary, or conditional release. Recommendations to district judges are usually conveyed by telephone. This is the county's published process, not a promise that an officer has reached every family member before the decision.

Lehigh County. The court identifies Lehigh Valley Pretrial Services, Inc. as its bail agency, providing recommendations and supervision. Officers investigate bail risk and interview people committed to the county prison in lieu of bail. A recommendation informs the court; it does not decide release.

Give counsel accurate background information and someone who can verify it. Questions about the alleged offense require separate advice; see Should I Talk to the Police Without a Lawyer? The Northampton and Lehigh criminal-procedure guides explain the proceedings that follow.

What the judge is required to weigh

Rule 523(A) directs the bail authority to consider all available information relevant to appearance and compliance. Its ten listed considerations cover:

1. The charge and mitigating or aggravating circumstances.
2. Employment history and financial condition.
3. Family relationships.
4. The length and nature of residence in the community.
5. Age, character, reputation, mental condition, and alcohol or drug addiction.
6. Appearance and compliance in earlier cases where the defendant had been released on bail.
7. Flight to avoid arrest or prosecution, or escape.
8. Prior criminal record.
9. Use of false identification.
10. Other factors relevant to whether the defendant will appear as required.

Silence is protected in this decision. Rule 523(B) states: “The decision of a defendant not to admit culpability or not to assist in an investigation shall not be a reason to impose additional or more restrictive conditions of bail.” Counsel can present release information without treating an admission to the charge as the price of bail.

The five types of release

Rule 524 directs the court to choose the type or combination reasonably necessary to ensure appearance and compliance. All releases carry bond conditions.

For monetary bail, Rule 524(C)(5) says the amount “shall not be greater than is necessary to reasonably ensure the defendant’s appearance and compliance with the conditions of the bail bond”. Rule 528(A)–(C) requires consideration of the Rule 523 criteria and financial ability, a reasonable amount, and consideration of a sufficient percentage deposit. The permitted deposit cannot exceed 10% of the full monetary condition. Permission to use that option is not automatic.

Posting bail: the two counties, side by side

The table reports Northampton's Pretrial Services FAQ, Lehigh's January 2026 posting guidelines, its Pretrial Services information, and the 2026 criminal fee schedule. Check the order and current clerk instructions before traveling or arranging payment.

The 20% and 30% charges are percentages of the deposit, not the face amount of bail. The county descriptions are not unconditional refund promises. Forfeiture, the depositor's identity, authorized charges, court orders, and the case's final status can change the amount or timing.

Real estate requires advance work. Statewide Rule 528(D) permits qualifying Pennsylvania property and property elsewhere in the United States, subject to valuation and lien requirements. Lehigh's real-estate collateral guide describes Pennsylvania property only. If offering out-of-state property, counsel should address that difference with the court and clerk under the statewide rule before relying on it. Do not assume the counter can process an unfamiliar form of security immediately. Rule 528 also provides for specified government bonds and licensed professional or authorized company surety bonds.

Who should post: understand the choice before signing

Named depositor and surety are substantive roles. Under Rule 528(F), a family member supplying a percentage deposit can sign the bond as a third-party surety, retaining the return claim while accepting potential liability for the full bail amount. Alternatively, that person can supply money for the defendant to post without becoming surety; the person then relinquishes a later claim to its return under the rules, and the defendant becomes the named depositor and bond signer. Have the official explain the written notice and confirm the choice on the bond and receipt.

Money in the defendant's name is not automatically applied to fines. Rule 535(E) permits the Commonwealth to move for otherwise-returnable money to be applied to restitution, fees, fines, and costs in that same case. The court must order it, and the defendant can show undue hardship. It is inaccurate to describe the deposit as automatically prepaid fines.

A third-party surety's security is forfeitable under Rule 536(A)(2)(a) only for the defendant's failure to appear at a scheduled court proceeding. That protection does not eliminate authorized administration charges or the surety's potential exposure to the full bond. Other violations can still cause revocation or changes to the defendant's release.

Forfeiture is a court process, not an automatic demand for the remaining 90% after any alleged problem. Rule 536 requires reasons and notice and stays execution of a forfeiture for 90 days after notice. Set-aside, remission, and exoneration provisions may apply. Bring a forfeiture notice to counsel promptly.

Keep the itemized receipt and signed bond. Rule 535(A) requires the receipt to identify the deposit and depositor. Unless the Rule 535(E) motion procedure applies, Rule 535(D) generally requires return within 20 days of full and final disposition, less authorized bail-related charges and reasonable program costs. Full and final disposition generally includes the end of the direct-appeal process or expiration of the appeal period. It is not necessarily sentencing day.

The conditions that come with every release

Rule 526(A) requires the defendant to appear through full and final disposition; obey further bail orders; give written notice of an address change within 48 hours to the bail authority, clerk, district attorney, and bail agency; refrain from witness or victim intimidation and retaliation, including conduct arranged through others; and refrain from criminal activity.

Rule 527 permits additional appropriate nonmonetary conditions, including reporting and travel restrictions. The conditions must be specifically stated in the bond. If a condition is impractical or unclear, ask counsel to seek clarification or modification. Do not treat the problem as permission to ignore it.

Northampton supervision. The court describes weekly reporting to confirm location, employment, and the next court date, together with case-specific testing, evaluations, treatment, contact restrictions, and sometimes GPS monitoring. The written order determines which requirements apply to a particular defendant.

Lehigh supervision. The court's published conditions say LVPTS supervises the county's 10% bails and requires reporting within 24 hours for an interview. Its program information also requires a call within 24 hours after release. Confirm where and how to report; the call does not replace the interview or later conditions.

A no-contact bail condition is separate from a PFA. An invitation from the protected person, or a change to a PFA order, does not itself amend a criminal bail order. When both exist, counsel should review and address both sets of restrictions.

Getting bail changed

Rule 529 provides several opportunities, subject to which court has already acted:

1. Before the preliminary hearing: the district judge elected or assigned for the jurisdiction where the crime occurred may modify bail on a party's request or the judge's own initiative, after notice and an opportunity to be heard. Rule 529(a).
2. At the preliminary hearing: the issuing authority may modify bail under Rule 529(b). When charges are held for court, Rule 543(C)(2) otherwise continues the existing order.
3. In Common Pleas: before verdict, counsel can move for modification with notice to opposing counsel and a hearing. Modification is also possible at trial or a pretrial hearing in open court on the record with all parties present. Rule 529(c).

Once a Common Pleas judge has set or modified bail, the district judge cannot change it. Rule 529(d) governs further action by Common Pleas or a superior court. Any modification must be explained to the defendant and stated in writing or on the record. A request alone does not change the existing order.

Northampton's published Pretrial Services description includes scheduling defense bail-reduction petitions and preparing revocation or modification requests. Lehigh's agency also makes bail-reduction and modification recommendations. Confirm the filing route, assigned judge, notice requirements, and hearing date for the actual case. Neither published description establishes a guaranteed turnaround or a universal walk-in reduction hearing.

A useful motion presents the facts behind Rule 523: employment documentation and someone who can confirm it; an established residence; family support; prior court appearances; treatment participation where relevant; and a concrete alternative. That might be recognizance, an unsecured bond, a percentage deposit, reporting, or another appropriate condition. The proposal should address the court's concerns and the person's ability to comply, rather than simply requesting a smaller number.

The 180-day pretrial-incarceration rule

Rule 600(B)(1) sets a 180-day limit measured from complaint filing for the ordinary pretrial-incarceration category, except where the defendant is not legally entitled to bail. Under Rule 600(C)(2), only defense-caused delay is excluded from that custody calculation; the separate trial-deadline calculation uses a different standard.

After the applicable countable period is exceeded, Rule 600(D)(2) allows counsel, or an unrepresented defendant, to file a written motion before trial for immediate release on nominal bail with lawful nonmonetary conditions. The motion must be served on the Commonwealth, and the judge conducts a hearing. Review the complaint date, custody history, continuances, waivers, and other holds. There is no universal 180-day release guarantee, and nominal-bail relief does not dismiss the charges or remove another lawful basis for detention.

What happens when a condition is violated

Under Rule 536(A)(1), a violation can lead to a bench warrant, a requirement to explain why release should continue, changed conditions, or revocation. The court must state reasons for a change or revocation. A new arrest or charge can prompt review, but the filing of a charge is not itself a finding that the defendant committed the alleged conduct. Do not assume either automatic revocation or that the court must wait for a conviction before addressing bail.

Our Northampton bench-warrants guide explains Rule 150's qualified hearing clock and the separate failure-to-appear statute. A court may also issue a bail piece under Rule 536(B), authorizing the surety or bail agency to apprehend the defendant and bring the person before the bail authority without unnecessary delay. A family member's signature alone is not a general license to detain someone.

After a finding of guilt

Rule 521 uses different tests before and after sentencing. An accepted guilty or no-contest plea counts as a verdict for this rule.

Before sentencing: a person found guilty of an offense punishable by death or life imprisonment cannot be released on bail. In other cases, the pre-verdict bail right continues when aggregate possible imprisonment on all outstanding verdicts in the same judicial district cannot exceed three years. When it can exceed three years, the right continues unless the judge makes the specified appearance/compliance or danger finding. The test concerns possible sentences, not a prediction of the sentence.

After sentencing: imprisonment of less than two years generally preserves the pre-verdict bail right, subject to modification under Rule 521(D). Two years or more makes bail discretionary, with the death-or-life restriction still applicable. Release after sentencing requires timely pursuit of the appropriate post-sentence motion and appeal, or a timely appeal without that motion. Refusal or revocation requires recorded reasons. These rules do not promise continued release simply because someone was on bail before conviction.

Talk to a Lehigh Valley criminal defense lawyer about bail

Madsen Law Offices handles bail arguments, reduction and modification requests, and the underlying criminal cases in Northampton and Lehigh Counties from our office next to the Northampton County Courthouse. Bring the complaint, bail bond, deposit receipt, release conditions, hearing notices, and facts supporting a release proposal. Call (484) 548-0529 or Schedule a Consultation. Next-day appointments are often available. See our criminal-defense practice for representation through the case.