Bond Definition Under Law In Fairfax

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State:
Multi-State
County:
Fairfax
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

The arrestee's attorney will schedule the hearing and argue their case. Alternatively, a bail bond hearing in California may refer to when a bail bond company contacts the court and requests changes to the bail amount. This is extremely common as it helps defendants get the fairest bail possible.

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.

The court will schedule a hearing and the judge will hear the argument from the state and the person in custody about what bond they are requesting the judge will then make a decision and can lower the bond amount.

WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.

What Is A Bond Motion? A bond motion is a formal request made to the court to set, reduce, or modify the bond amount for a defendant.

Detention hearings at the state level are called bond hearings. A bond hearing happens in every case against the person who is being held in jail, pending the outcome of their case. The most significant difference is that in State Court defense counsel is required to file a bond motion to get on the docket.

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.

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.

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Bond Definition Under Law In Fairfax