Bail And Bond In Crpc In Virginia

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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

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

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.

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.

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.

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.

More info

Call us on 8886919319 or fill out this quick form and we will contact you within 24 hours! Parks Zeigler, PLLC – Attorneys At Law.For more information about bail and bonds, contact our Fairfax criminal defense attorneys for a consultation on your case today. A licensed bondsman will charge a fee for posting a bond. 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. A bail bondsman or his licensed bail enforcement agent on a bond in a recognizance may at any time arrest his principal and surrender him to the court. The individual pays a percentage to the bondsman and in return the bondsman posts the full amount. You must file a copy of your bond motion with the Commonwealth Attorney's Office, 1st floor, Suite 114. In a Virginia DUI case, bond may be posted, in order for the charged individual to be released on bail. Consult with an attorney to discuss your case.

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Bail And Bond In Crpc In Virginia