Bail Definition Law In India 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

The bail bond amount is determined by a judge based on several factors, including the severity of the alleged offense, the defendant's criminal history, and the perceived risk of flight. For more serious charges, a judge may set a higher bail.

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.

Regular Bail is applied for after an arrest, while Anticipatory Bail is applied for in anticipation of arrest. Both types of Bail require a formal application to be filed with the court and a bail bond, which is a monetary deposit made to the court as security.

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.

Bail in India: Meaning, Types, Conditions: The Constitution of India states that bail is the right of a person i.e. Bail and not Jail. This clearly states that the person, who is accused and charged for any civil or criminal offenses, has the right to apply for the bail.

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.

For smaller crimes, the accused will be allowed to apply for bail immediately. If the crime is complex, the accused may have to wait for 48 hours to claim his or her right in court. In the bail hearing, the judge may decide whether the accused can get bail or not based on various factors.

Regular Bail is applied for after an arrest, while Anticipatory Bail is applied for in anticipation of arrest. Both types of Bail require a formal application to be filed with the court and a bail bond, which is a monetary deposit made to the court as security.

In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.

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Bail Definition Law In India In Virginia