Define Bail In Law Terms In Fairfax

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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

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.

There is no fixed schedule for bond amounts, but typical amounts might be $500-5000 for misdemeanors; $2500-10,000 for property and drug felonies; and $25,000-50,000 or much more for serious felonies.

§ 19.2-119. "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.

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.

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 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.

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.

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7 Cash bail is discriminatory, undermines public safety, and has no place in our criminal justice system. The following procedures are MANDATORY when filing bond motions or emergency motions in the Fairfax Circuit Court.The present system consists of four levels of courts: the Supreme Court, the Court of Appeals, the circuit courts, and the district courts. How do I get a Preliminary Protective Order? You must fill out court forms. Bail is possible when a person has been accused of a crime but has not yet gone to trial and wishes to spend the time before the trial in the community. However, with an unsecured bond, the court sets an amount that must be paid if the accused misses any court hearings or violates other terms of his release. Welcome to Fairfax County's job application process! Eluding the Police Can Be a Misdemeanor or Felony Crime in Fairfax.

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Define Bail In Law Terms In Fairfax