Bail and Bondsman
Bail and Bondsman
Where do you post bail?
The Clerk of Courts Office accepts payment for bail for all criminal cases pending at the Court of Common Pleas. District Courts accept bail for cases pending in their jurisdiction during office hours. After hours and on weekends, bail can be posted for district court cases and the Court of Common Pleas cases at the Adams County Correctional Facility if the defendant is housed there.
In the Clerk of Courts Office, bail is accepted during office between 8:00 a.m. and 3:00 p.m. The Clerk of Courts Office can only post bail if the defendant has had a preliminary hearing or if it is a violation of a sentencing order. If the preliminary hearing has not occurred, contact the district court.
When bail is posted at the prison for a Common Pleas case, the defendant and the surety MUST report to the Clerk of Courts office the next business day by 11:00 a.m. to complete all bail papers.
You may choose to use a Bail Bondsman instead of posting bail yourself. You will need to choose a bondsman that has been approved by the Adams County Courts. Contact your Bondsman for further assistance.
Bail Bondsman - A person who engages in the business of giving bail as a surety for compensation.
Surety - A person who pledges security, whether or not for compensation, in exchange for the release from custody of a person charged with a crime prior to adjudication.
The form of payment accepted by the Clerk of Courts Office for the payment of bail is CASH ONLY. Money orders, credit cards, and checks are not accepted for posting of the bail. However, if you are posting bail at the prison, money orders are required.
Please bring identification with you. You must be at least 18 years old to post bail.
If you become surety for the defendant, you become personally responsible for the entire amount of the bail unless you relinquish any claim for the bail money and place the bail money in the defendant’s name. When bail is refunded, bail will be refunded to the person who is surety.
Unless bail has been forfeited for failure to comply with conditions of the bond, or an Order was entered to Retain the Bail, once a case is completed a check for the bail money, minus the administrative fee for processing bail, will be mailed to the surety who posted the bail.
Bail refunds are made by check only and are sent through the mail.
By law, a case is not considered completed until there has been a full and final disposition of the case, including all avenues of direct appeal. We cannot mail the check until after that date. This means that, assuming no appeal is filed, the surety can expect to receive his or her refund in approximately 40 to 50 days of the trial court’s disposition.
The bail refund, less administrative fees, may be applied towards the balance of fines, costs, and restitution. The surety on the bail must complete the Assignment of Cash Bail form and either have it notarized or brought to the Clerk of Courts Office to be notarized. Upon full and final disposition, the bail will be applied to the defendant's balance.
Real estate can be posted as surety for bail, however, the following regulations apply: Property located within the Commonwealth as provided in the PA Rules of Criminal Procedure in Rule 528(D)(3)
A certificate of title must be completed either by an Attorney or by a title search company certifying that the property is unencumbered and valued at least the amount of the bail.
If the property is jointly held, all those named on the deed must sign the bail certificate. Certificate of title needs to be notarized.
(A) In cases where realty is posted as bail, the following procedures shall be applied to determine the value of the realty and the equity in it:
(1) The fair market value of the realty shall be established by a written appraisal report prepared by a real estate broker duly licensed in Pennsylvania, within three (3) months of the date of presentation of the report; or by multiplying the assessed value of the realty (land and improvements) by the common level ratio factor prescribed by the Pennsylvania Department of Revenue from time to time for transfer tax purposes.
(2) The equity in realty shall be determined by considering the appraisal and a lien
certificate signed by any attorney at law authorized to practice in this Commonwealth, including the solicitor of the Recorder of Deeds, Prothonotary, Tax Claim Bureau, or a duly authorized agent of a title insurance company licensed to do business in Pennsylvania. The certificate must identify all liens against the property and the face amounts thereof. Statements from lienholders about current balances may also be considered.
(B) Certificates and appraisals shall be presented to the District Justice or to the Clerk for determination of the acceptability of the realty for bail purposes. A defendant may appeal any adverse ruling to the Court.
(C) The official with whom bail is posted shall collect a fee to enter and satisfy judgment in an appropriate office in the county in which the realty is situated. Until changed, the fee for judgments in Adams County shall be $32.50. Defendant must produce proof of the fee for any county other than Adams.
(D) If a District Justice accepts such bail, he/she shall transmit the judgment and satisfaction fee and a certified copy of the bail bond to the Clerk's office. In all instances when realty is accepted, the Clerk shall transmit to the Court a certified copy of the bail bond, together with a proposed order directing that judgment be entered against both the defendant and surety in favor of the Commonwealth of Pennsylvania, to the use of the County of Adams.
(E) Upon receipt of an order signed by a judge, the Clerk shall transmit a certified copy of the order, the judgment and satisfaction fee, and a certified copy of the bail bond to the appropriate office for entry of judgment.
(F) In Adams County, the appropriate office for entry of judgment shall be the Prothonotary's office.
Bail Bondsman Pages
Adult Correctional Complex
45 Major Bell Lane
Gettysburg, PA 17325
Cash bail - .048 cents per
dollar for 1st $1,000.00,
.16 cents per dollar for each additional $1,000.00
Percentage bail - $25.00