If you or someone you love has been arrested in Media, PA, or anywhere in Delaware County, time immediately starts to feel different. Minutes drag. Phone calls are short. Information is unclear. Your mind races through worst-case scenarios about jail, jobs, family, school, and what happens next.
In moments like this, most people are not asking for a courtroom lecture. You want a clear plan. You want to know what arraignment really means in Pennsylvania, what a Magisterial District Judge can do to your loved one’s freedom, what bail conditions actually look like, and what steps can help get someone released sooner while protecting the case from the start. No matter whether the allegations involve a DUI, a domestic dispute, drugs, assault, or another serious offense, the bail and arraignment stage can determine how quickly you get released and what restrictions follow you home.
At The Law Offices of Joseph Lesniak, attorney Joseph Lesniak handles criminal defense cases throughout Delaware County and beyond. Our law firm has seen how quickly early mistakes at the bail and arraignment stage can create bigger problems. This guide walks you through what typically happens at a preliminary arraignment, how bail decisions are made, and what you can do right now to improve the chances of a faster release while protecting the case from the start.
Why the Preliminary Arraignment Matters So Much in Delaware County
In Pennsylvania, people often use the word arraignment to describe the first court appearance after an arrest. In most Delaware County cases, that first appearance is the preliminary arraignment before a Magisterial District Judge, where bail and release conditions are set. A formal arraignment, where a plea is entered, typically happens later in the Delaware County Court of Common Pleas.
The preliminary arraignment is required to occur without unnecessary delay and often happens quickly after an arrest. It is not a full trial. It is not where you present your defense. But it is one of the most important stages in the case because it is where:
- The charges are read, and the criminal complaint is provided.
- Bail is set, including whether it is unsecured, nonmonetary, or monetary.
- Conditions of release can be imposed, sometimes very strict ones.
- A date for the preliminary hearing is scheduled.
For most families, the immediate goal is simple: get your loved one home. The key is understanding what the court is evaluating when it decides whether someone can be released, and under what conditions.
What Actually Happens at the Preliminary Arraignment?
A preliminary arraignment in Delaware County typically includes a Magisterial District Judge, the defendant, and law enforcement. In many cases, the prosecution for the Commonwealth is not actively participating at this stage, particularly during after-hours arraignments. The judge will usually:
- Confirm identity and read the charges: The judge reviews the criminal complaint and the charges filed.
- Advise the defendant of important rights: This includes the right to counsel and the right to remain silent.
- Set bail and conditions of release: This is the make-or-break moment for whether someone walks out or remains held.
- Schedule the preliminary hearing: In many cases, the preliminary hearing is scheduled relatively soon.
This is also when confusion hits hardest. People hear terms like ROR, unsecured, cash, percentage, conditions, and no contact, often with no explanation. That confusion can lead to bad decisions, including saying too much or agreeing to conditions that create future risk.
How Judges Decide Bail in Delaware County and What They Look At
Bail is not supposed to be punishment. The primary purpose is to help ensure a person returns to court and follows conditions while the case moves forward. When the bail authority sets bail, the court generally considers factors such as:
- Ties to the community, including local family and stable housing
- Employment or school obligations
- Prior criminal history and any past failures to appear
- The severity of the charges and allegations
- Safety concerns and whether the court believes someone poses a risk
That last point is important. Some people assume bail is only about money. In reality, the court is often deciding whether it feels comfortable letting someone back into the community while the case is pending, and what safeguards it wants in place.
In Pennsylvania, bail can be denied in limited circumstances, including capital offenses, offenses punishable by life imprisonment, and certain other serious offenses where the court finds, under the applicable constitutional standard, that no conditions of release will reasonably assure public safety.
Common Types of Bail in Delaware County
Bail can take different forms in Pennsylvania. The exact option depends on what the judge sets.
Release on Recognizance (ROR)
This means the person is released based on a written promise to appear in court and comply with conditions. No payment is required.
Nominal Bail
In some cases, the bail authority may set nominal bail, which is a very low monetary amount. Even with nominal bail, the defendant still has to follow all conditions of release and appear for every court date.
Unsecured Bail
This is often misunderstood. Unsecured bail may involve a set amount, but it typically does not require payment up front as long as the person appears and follows conditions. If they violate the terms, the financial consequences can become real.
Monetary Bail
This can include cash bail or other monetary requirements. In some Pennsylvania cases, the bail authority may authorize a percentage cash deposit (often 10% in practice, where permitted), instead of requiring the full amount upfront. Even when a percentage deposit is permitted, the bail order still comes with strict obligations, and failing to appear in court can create serious financial and legal consequences.
In some situations, families explore options for posting bail, including percentage deposits where permitted. The costs, rules, and risks can vary, and a rushed decision can create long-term financial strain. The bottom line is this: the type of bail is only half the picture. The conditions attached to bail can be just as important.
Conditions of Release That Can Keep Someone From Getting Out Quickly
Even when bail is technically set, release can still be delayed because of conditions. Common examples include:
- No-contact orders: These can apply to a spouse, partner, family member, or anyone connected to the allegations.
- Stay-away provisions: The court may order someone not to return to a home, workplace, or certain locations.
- Drug and alcohol conditions: Testing requirements, treatment evaluation, or restrictions on alcohol can apply.
- Firearms restrictions: In certain cases, the court may require surrender of firearms or prohibit possession.
- Travel restrictions: Some bail orders limit a person’s ability to leave a certain area.
- Reporting requirements: The court may require check-ins or supervision, depending on the case.
These conditions are enforceable court orders. Violations can lead to detention and stricter bail, and they may also result in additional charges, depending on the conduct. If these conditions are not clearly understood, people violate them without realizing it. That can lead to re-arrest, bail revocation, or harsher conditions the next time around. A quick release is never worth a careless violation that puts someone back in custody.
How to Help Someone Get Released Sooner in Delaware County
When someone is arrested, families often want to help but may not know what actions can help the accused and what actions do more harm than good. At The Law Offices of Joseph Lesniak, we regularly speak with families in this exact situation. We focus on practical steps that prioritize your loved one’s release while also protecting the case from the start.
Here are practical steps that can support faster release and reduce complications:
Get the Basic Facts Immediately
Before you do anything else, gather:
- Full legal name and date of birth
- Location of custody
- Charges (if known)
- Any paperwork or docket information, if available
Accurate information prevents wasted time and miscommunication.
Do Not Try to Explain the Situation to the Police
It is normal to want to defend your loved one. But statements made to law enforcement, even well-intentioned ones, can become evidence. The safest approach is to keep communication focused on logistics and legal representation.
Prepare Proof of Stability
Judges care about whether someone will return to court and follow rules. Helpful items can include:
- Proof of local address and stable housing
- Employment verification or school enrollment
- Family responsibilities, including childcare
- Community ties in Delaware County
When we step in early, we know how to organize these facts into a clear release plan that shows the court why release is appropriate.
Act Quickly on Release Logistics
Delays often happen because families do not know where to pay, what identification is required, or what paperwork is needed. Delaware County has specific processes for bail payment and release procedures. Getting guidance early can help avoid hours of preventable delay.
Address Conditions Before They Become Violations
If the bail order includes no-contact provisions or stay-away requirements, your loved one needs a plan immediately. Where will they sleep? How will they retrieve essentials safely and legally? Who will communicate with the protected party if communication is prohibited?
We help clients and families understand these conditions clearly, so they can follow them precisely and avoid preventable setbacks from the start.
What Happens After Release: Next Steps That Protect You
Getting released is a major relief, but it is not the end of the case. Pennsylvania rules require the preliminary hearing to be scheduled within specific timeframes after the preliminary arraignment, depending on custody status. In general, it must be set no later than 14 days after the preliminary arraignment if the defendant is in custody on the current case only, and no later than 21 days if the defendant is not in custody (or is in custody but not solely on the current case), subject to extensions permitted by the rules.
Failing to appear for the preliminary hearing without cause may result in a warrant and additional legal problems. As soon as you are home, keep your paperwork together, confirm your court date, and follow every release condition exactly as written. If anything about the conditions is unclear, do not guess. Clearing up confusion early can prevent a mistake that puts you back in custody.
What if Bail Is Too High or Conditions Are Unreasonable?
If bail is set at an amount your family cannot manage, or if the conditions make release unrealistic, that does not always mean you are stuck with the initial decision. In some situations, bail can be reviewed or modified.
This is where strategy matters. Courts do not respond well to vague statements like “this is unfair.” Courts respond to structured arguments that explain why the bail decision is excessive or why specific conditions are not reasonably necessary, supported by the person’s history, ties to the community, and the realities of the situation.
Just as important, the bail conversation is connected to the bigger defense strategy. A rushed approach can create admissions, inconsistencies, or choices that harm the case later. We focus on both goals at once: protecting the long-term defense while pursuing the best possible release terms.
The Biggest Mistakes We See After an Arraignment
If you want one takeaway from this guide, it is this: the early stage of a criminal case is when people unintentionally do the most damage.
Common mistakes include:
- Talking about the incident on recorded jail calls
- Messaging the alleged victim in violation of a no-contact order
- Returning home when a stay-away condition is in place
- Posting about the arrest on social media
- Missing court dates or not taking paperwork seriously
- Assuming bail means the case is not that serious
Even a seemingly minor issue can snowball, especially in domestic violence, DUI, drug cases, assault allegations, and any case involving protective orders or restrictions.
Frequently Asked Questions About Bail and Arraignment in Delaware County
1. Is bail the same as being found not guilty?
No. Bail only determines whether you can be released while your case is pending and what conditions you must follow. The case still moves forward in court.
2. Can bail conditions be changed after arraignment?
Sometimes. Depending on the facts, it may be possible to ask the court to review bail or modify conditions that are unnecessarily restrictive.
3. What happens if someone violates a no-contact order?
Violating a no-contact order can lead to re-arrest, harsher conditions, and additional charges in some situations. It is critical to treat these conditions as enforceable court orders.
4. What if we cannot afford bail?
Even if bail is set, options may exist depending on the type of bail, whether a percentage deposit is permitted, and whether bail can be reviewed. The right approach depends on the details of the case and the release terms ordered.
Contact The Law Offices of Joseph Lesniak Today for a Consultation to Discuss Your Case
If you or your loved one is dealing with an arrest in Delaware County, you deserve more than guesswork. You deserve clear guidance, fast action, and a defense strategy designed to protect your future, not just get through the next 24 hours.
At The Law Offices of Joseph Lesniak, we take these situations seriously because we know what is at stake: your freedom, your job, your reputation, and your ability to move forward. We are available to talk through what happened, explain what to expect at arraignment and beyond, and help you take the right steps toward release and a strong defense.
Call us today or fill out our contact form to schedule a consultation and get answers you can rely on.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
