Rule 1034. Collateral.
(A) Except as provided in this rule, the procedures for collateral shall be as provided in Rule 452.
(B) When determining the amount of collateral, if any,
(1) if the defendant does not have a prior history of failure to appear for scheduled hearings, or there are other reasonable grounds to believe that the defendant will appear, or the defendant is without adequate resources to deposit collateral, the Traffic Division judge, hearing officer or arraignment court magistrate shall consider releasing the defendant on his or her own recognizance, or sign own bail (‘‘SOB’’), or on a nominal amount of collateral.
(2) If the defendant has a prior history of failing to appear for Traffic Division scheduled hearings, and notice of the hearings was served personally on defendant, the Traffic Division judge, hearing officer or arraignment court magistrate may set collateral in an amount not to exceed the collateral that may be required for the payment of defendant’s unadjudicated citations and the balance of outstanding fines and costs owed on adjudicated citations.
Comment When the collateral is set in a monetary amount, the Traffic Division judge, hearing officer or arraignment court magistrate may permit the defendant to be released from custody when 10% of the amount has been posted.
When determining the amount of collateral to set in paragraph (B)(2), the judge, hearing officer or arraignment court magistrate must take into consideration the defendant’s financial resources and ability to post the amount set. The amount of collateral must be reasonable.
See Rule 105 for the procedures for promulgating local rules.
Official Note
Adopted September 9, 2005, effective February 1, 2006; amended May 7, 2014, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of the new rule published with the Court’s Order at 35 Pa.B. 5242 (September 24, 2005).
Final Report explaining the May 7, 2014 amendments concerning the transfer of functions from the Philadelphia Traffic Court to the Philadelphia Municipal Court published with the Court’s Order at 44 Pa.B. 3065 (May 24, 2014).
Source The provisions of this Rule 1034 adopted September 9, 2005, effective February 1, 2006, 35 Pa.B. 5239; amended May 7, 2014, effective immediately, 44 Pa.B. 3056. Immediately preceding text appears at serial pages (314400) and (346227).
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