Andrews v. Pennsylvania Board of Probation & Parole

I respectfully dissent because I believe that the majority has misinterpreted the Rules of Criminal Procedure. Initially, I disagree with the majority’s assertion that “once the trial court set nominal bail, the authorities were required to immediately release Andrews, with or without the execution of a bond.” Majority opinion at 757 (emphasis added). This assertion is in direct contradiction to the official comment to Rule 1100, which states, “[w]hen admitted to nominal bail pursuant to this rule, the defendant must execute a bail bond.” Accordingly, Andrews was not entitled to be released…