Can my husband get out on nominal bond?

Q: My husband has been arrested for 180 days. Is he entitled for release on nominal bail? It is not a capital case. However he filed omnibus pretrial motion about 2 months ago. His lawyer refused to file the motion for nominal bail. (Glassport, PA)

A:Normally, one cannot be held in jail awaiting charges for more than 180 days, pursuant to Rule 600 of the PA Rules of Criminal Procedure. This rule reflects that Constitutional right to a speedy trial. This is of course, if there are no other legalities that act as a hold or detainer on holding your husband in jail. These other legalities could be things like a probation detainer or family division support warrant. Also, if there were any time delays that were attributable to him or his attorney such as continuance that time would extend the 180 days. For example, if your husband postponed his Preliminary Hearing for 30 days, that 30 days would be added on to the 180 days. These questions should be directed to his lawyer.


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