Bale Definition In Law In Fairfax
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If the magistrate judge does not set a bond, you will be placed in a jail cell and held until your trial date or until you file a bond motion in the correct court.
§ 19.2-119. Definitions. As used in this chapter: "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.
Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.
A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.
What factors does a magistrate consider when determining bail? By law, a magistrate must consider: (i) The nature and circumstances of the offense. (ii) Whether a firearm is alleged to have been used in the offense.
Virginia Code Section 19.2-120 states that a person pending a trial or hearing, shall be admitted to bail, unless there is reason to believe: They will not appear for trial. They are an unreasonable danger to himself/ herself. They would constitute an unreasonable danger to the public.
Types of Bail in Virginia Criminal Cases However, if the magistrate does not set bond, then you will remain in jail either until released after trial or sentencing or until your defense attorney files a motion in court. There are three types of bail set in Virginia criminal cases: Recognizance.
When a judge announces no bond, the defendant isn't eligible for release from county jail through bail as the judge has not set a bail amount. Instead, the arrested person has to remain in custody until the case concludes or a judge potentially sets bail at a later hearing.
Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.
