Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1762 - Release in Criminal Matters(a)Bail when an appeal is pending.-Applications relating to bail when an appeal is pending shall ordinarily first be presented to the trial court and shall be governed by the Pennsylvania Rules of Criminal Procedure. If the trial court denies relief, a party may seek relief in the appellate court by filing an application, pursuant to Pa.R.A.P. 123, ancillary to the pending appeal.(b)Bail when no appeal is pending.-Applications relating to bail when no appeal is pending:(1) Applications relating to bail when no appeal is pending shall first be presented to the trial court and shall be governed by the Pennsylvania Rules of Criminal Procedure.(2) An order relating to bail shall be subject to review pursuant to Chapter 16.(c)Entry of Bail.-Bail shall be entered in the trial court pursuant to the Pennsylvania Rules of Criminal Procedure.(d)Extradition matters.-Relief relating to bail in extradition matters shall be governed by the procedures prescribed by this rule.(e)Opinion of trial court.-Upon receipt of a copy of an application for relief under paragraph (a) or a petition for specialized review under paragraph (b) that does not include an explanation for the bail determination, the judge who made the bail determination being reviewed shall forthwith file of record a brief statement of the reasons for the determination or where in the record such reasons may be found.The provisions of this Rule 1762 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended May 16, 1979, effective 9/30/1979, 9 Pa.B. 1740; amended July 8, 2004, effective 60 days after adoption, 34 Pa.B. 3870; amended January 7, 2020, effective 8/1/2020, 50 Pa.B. 505.