A performance bond is issued to one party of a contract as a guarantee against the failure of the other party to meet the obligations of the contract. A performance bond is usually issued by a bank or an insurance company. Performance bonds can also be used in commodity trades as a guarantee of delivery.
The Code of Virginia specifies the general rules regarding who qualifies for bail and under what circumstances. Individuals are generally eligible for bail unless the court determines they're a danger to themselves and/or the public or a potential flight risk.
Appeal from bail, bond, or recognizance order. A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.
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.
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.
Hearings for Bond Motions in Virginia This is an early hearing to advise you of the charges against you, and of your right to hire an attorney. At this point, the issue of Bond may be addressed informally, in certain courts. If you are denied bond at this hearing, your next step is to file a formal Bond Motion.
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.
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.